Wed, 14 May 2003

House warns govt of constitutional court deadline

The Jakarta Post Jakarta

The House of Representatives called on the government on Tuesday to make the necessary preparations for the establishment of a constitutional court as mandated by the Constitution.

The newly amended Constitution mandates the government to set up a constitutional court no later than Aug. 17, 2003.

"The constitutional court must be established within the next three months. We urge the government to discharge its duty as set out in the 1945 Constitution," House legislation body chairman Zein Badjeber told The Jakarta Post on Tuesday.

Zein made the statement after the House announced a 50-member special committee to deliberate a bill on the constitutional court.

The setting up of the special committee was agreed upon in a plenary meeting presided over by House deputy speaker Soetardjo Soerjogoeritno of the Indonesian Democratic Party of Struggle (PDI Perjuangan).

Zein said that the deliberation of the constitutional court bill would proceed smoothly, adding that there were no contentious articles in the bill.

The substance of the bill is clearly spelled out in Articles 7 (B) and 24 (C) of the amended Constitution.

The constitutional court will have the authority to review existing laws, settle disputes between state institutions, dissolve political parties and settle disputes over election results.

Should legislators accuse the president and/or vice president of violating the Constitution, it will be the constitutional court that passes judgment.

According to the draft bill, the president, the House and the Supreme Court are to nominate three candidates each to be the nine constitutional court judges.

"There is no debate among factions on the main points of the bill on the constitutional court. We hope the bill will be endorsed by the end of June," Zein added.

Asked if President Megawati Soekarnoputri had assigned relevant ministers to discuss the bill, Zein said she had not.

The government had also not presented its draft for comparison to legislators, he said. The government must also provide an office building and staff to do the administrative work of the constitutional court.

According to Zein, the office of the court would likely be located in the current office of the Supreme Advisory Council (DPA), which is to be dissolved.

"In short, we have no problem with the preparations for the establishment of a constitutional court. The problem lies in the government," Zein said.