Lawmakers divided over education of judges

Lawmakers divided over education of judges

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives (DPR) special committee deliberating
the constitutional court bill remains divided over the
educational background of justices appointed to the court.

Committee deputy chairman Zainal Arifin of the Indonesian
Democratic Party of Struggle (PDI Perjuangan) said Tuesday the
committee had split into two groups, with one insisting that only
law graduates had the chance to sit as justices in the court,
while the other maintained that statesmanship was more important
than educational background.

"We have not yet reached an agreement on that issue," Zainal
told The Jakarta Post on Tuesday.

He emphasized that the issue of educational background was the
only issue dividing committee members.

The members, according to Zainal, had already accepted the
composition and authority of the planned constitutional court as
spelled out in the newly amended Constitution.

The planned constitutional court would have nine members, with
the authority to dissolve a political party, settle election
disputes, resolve disputes between state institutions, review
legislation and determine whether or not the president had
committed a wrongdoing.

The president, House, and the Supreme Court will each appoint
three justices to the constitutional court.

All factions also agreed that the constitutional court would
not function as a court of "justice" but a court of "law" --
meaning all decisions of the constitutional court had to be based
on the Constitution and on evidence, while the justice element
would only offer a limited amount of discretion.

Separately, committee chairman Zen Zen or Zein? Badjeber of
the United Development Party (PPP) pledged on Monday to submit
the bill for endorsement on July 31 to an extraordinary plenary
session, the first to be held during a recess.

Committee deputy chairman Ali Masykur Musa of the National
Awakening Party (PKB), meanwhile, concurred with Zein, saying
that legislators would finish deliberating the bill on time.

He added that stipulations regarding the role and authority of
the constitutional court had been agreed by all nine factions.

Earlier, Minister of Justice and Human Rights Yusril Ihza
Mahendra said that the government needed more time to discuss the
bill.

The date for the establishment of the constitutional court had
been established by the amended Constitution -- Aug. 17, 2003.

Yusril, however, proposed a change to the deadline, arguing
that the time available for deliberation was not enough.

The idea to delay establishment of the constitutional court
came from President Megawati Soekarnoputri, who had earlier said
that the substance of the bill was very important and required
extensive discussion.

Zein revealed that all factions had agreed to adopt the term
"request" instead of "litigation" for anyone demanding that the
constitutional court settle a disputed election result, dissolve
a political party, follow up on an accusation by the House that
the president had committed a wrongdoing, or review existing
legislation.

He also said that the procedure would not involve litigation
but a request made by a specific group to the constitutional
court to process the dispute.

Without litigation, Zein added, there would be neither a
prosecutor nor a prosecuted party.