House's choices for chief justice not binding: Harun

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)