House told to save time in constitutional court debate

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.