House told to save time in constitutional court debate

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

As the Aug. 17 deadline for the establishment of the Constitutional Court nears, legislators and the government have been urged to avoid debating technicalities.

An observer suggested on Saturday that both the House and the government focus on the authority of the court, court proceedings procedures and the recruitment and dismissal of court judges.

"These topics are the most fundamental things to be deliberated by legislators and the government as they will determine how the court will perform," Firmansyah Arifin of the National Consortium for Legal Reform (KRHN) told a discussion in Jakarta.

He said the authority of the court must be clearly defined to prevent conflicts with the Supreme Court, while effective administration would only be possible with the implementation of clear procedural guidelines.

On the recruitment and the dismissal of the court's judges, he suggested that both the House and the government make sure the process is free from political interests.

Legislator Baharuddin Aritonang of the Golkar faction, who was a member of the ad hoc committee in charge of constitutional amendment last year, agreed with Firmansyah.

"We expect to focus on several crucial issues instead of the technical points so we can meet the deadline. If we delay deliberations, we will not only violate the Constitution but people will also question the legitimacy of the court."

Also speaking at the discussion, Ministry of Justice and Human Rights legislation director general Abdulgani Abdullah said the government team had prepared 355 items to be debated.

Abdulgani said his team had prepared the items before June 11 when President Megawati Soekarnoputri ordered the ministry to represent the government in deliberations.

However, Firmansyah questioned the number of items the government had proposed, saying there were too many.

"Are they really worth deliberating? Or, did the government make them up?" he asked in reference to delaying tactics.

The government suggested the People's Consultative Assembly (MPR) amend transitional provisions of the 1945 Constitution to allow for a delay in the establishment of the court.

The formation of the court was mandated last year in the amended 1945 Constitution to handle constitutional disputes.

The government argued that lawmakers would be unable to pass the bill within the set timeframe and suggested the transitional provisions be amended in order to extend the deadline.

The House of Representatives has promised to finish deliberating the bill by July 30. It means the country will have only 16 days left to select judges and establish the court.

Abdulgani said the government was ready to cooperate, but questioned the commitment of the legislators, particularly their poor attendance records.

Some observers have questioned both parties' commitment to the formation of the Constitutional Court. Some members of the political elite, either in government or from the House, feel threatened by the presence of the court.

The court will have the authority to settle disputes over ballot counts, conflicts between laws and disputes among state institutions, be able to dissolve political parties and to give final judgment on violations committed by the president as presented by the House. The latter could lead to the impeachment of the President.

As the bill stands now, the court would consist of nine judges, with the government, the Supreme Court and the House entitled to choosing three each.