House's choices for chief justice not binding: Harun
JAKARTA (JP): The House of Representatives' choices for chief justice sent to the President are not binding, a constitutional law expert said on Tuesday.
Harun Alrasid, a professor at the University of Indonesia, said Law No. 14/1985 on Supreme Court and other regulations do not stipulate that the President has to accept the House's nominations.
If Gus Dur rejected the two nominators, Harun said, the House should propose other names, not necessarily from the six candidates selected before.
"It was done by first president Sukarno in 1966 when he appointed Soerjadi the Supreme Court chief in place of Wirjono Prodjodikoro, ignoring the House choice," Harun said.
"There are about 58 supreme justices in Indonesia. The House's nomination is not binding to anybody. It has nothing to do with democracy anyway."
Pending the President' approval, acting chief justice Th. Ketut Sura Putra could be maintained, Harun said.
Presidential spokesman, Wimar Witoelar, said on Monday that Gus Dur, as the President is better known, was not enthusiastic about the nomination of Muladi and Bagir Manan for chief justice due to their past links with the New Order.
Muladi, a former justice minister, and Bagir, a constitutional law professor at the Padjadjaran University, Bandung, were chosen by the House following fit and proper tests of six candidates, including Abdurrahman's preference, Benjamin Mangkoedilaga.
Although it would not be a violation if Gus Dur rejected the candidates, Harun admitted that the move would only aggravate the political tension between the President and the House.
House Speaker Akbar Tandjung, meanwhile, said the President must choose between Muladi and Bagir otherwise it would spark further conflict with the House.
Akbar said there was no strong reason for the President to refuse the candidates, since the two were elected in line with House procedures.
He said the House would not rerun the selection if the President rejects both Muladi and Bagir.
"I will meet the President to discuss the selection. I hope we can avoid a conflict," Akbar added.
Deputy Chairman of House Commission II for domestic and legal affairs Ferry Mursyidan Baldan agreed with Akbar, saying the commission would refuse another selection process for new candidates.
"The President is a dictator if he refuses our candidates. If that happens, we will reject every proposal coming from him," Ferry of Golkar party said.
Support
However, the Indonesian Democratic Party of Struggle (PDI Perjuangan) faction at the House hailed the President's move to drop the chief justice candidates. The faction's secretary, Heri Akhmadi, said instead of becoming a dictator Gus Dur would be listening to people's aspirations if he rejects the candidates.
"There is no regulation stipulating that the President cannot reject the candidates," Heri said after a break of fast gathering at the party's new headquarters on Jl. Pecenongan, Central Jakarta.
He said his faction would be ready to select new candidates proposed by the Supreme Court, if the President declines the current candidates.
As many as 80 legislators of PDI Perjuangan walked out during the House plenary session last week, to show its objection to Muladi and Bagir whom they considered as part of the New Order regime.
The party's faction chairman, Arifin Panigoro, said he and his colleagues were specifically against the nomination of Muladi.
Separately, Imam Mawardi Sanjaya of the National Awakening faction (F-KB) asserted that it was the President's privilege to dismiss the House's candidates because the process requires agreement between the executive and legislative powers.
He revealed that all 51 members of PKB abstained in the vote for the chief justice nominees without discussions with Gus Dur, who is the party's chief patron. (02/jun/rms)