'Many laws not based on Constitution'

'Many laws not based on Constitution'

Kurniawan Hari, The Jakarta Post, Jakarta

In a move designed to reduce the potential demand for judicial
reviews, the newly-established Constitutional Court (MK) has
called on the government and the House of Representatives (DPR)
to use the Constitution as the main reference in the drafting of
legislation.

Court president Jimly Asshidiqqie said on Tuesday that many
economic policies contained in various laws did not refer to the
Constitution, but rather to the global trend of liberalization.

"This must receive our attention. The Constitution must not be
ignored when drafting laws," Jimly said during a meeting with
House Speaker Akbar Tandjung and his deputies Soetardjo
Soerjogoeritno and AM Fatwa here on Tuesday.

Jimly and his fellow judges met House leaders on Tuesday to
report on the court's readiness to perform its duties.

During the meeting, Jimly claimed that many government
policies stated in various laws did not take the Constitution as
the main reference and this had prompted public rejection.

"We must not forget that our Constitution is different from
those of liberal countries," he said without elaboration.

According to Jimly, the tendency to not use the Constitution
as the main reference in drafting laws made the laws vulnerable
to judicial review.

Soetardjo concurred with Jimly, saying that Indonesia was not
ready to enter the free-trade era.

Only recently, the government revised the money laundering law
that was issued last year. In his acceptance speech, Minister of
Justice and Human Rights Yusril Ihza Mahendra said that the new
law was needed because the old one was deemed inadequate to
combat by the Paris-based Financial Action Task Force (FATF) to
combat money laundering.

The FATF is a global money-laundering watchdog set up by
developed nations from the Organization for Economic Cooperation
and Development (OECD).

The Constitutional Court was set up following the amendment of
the 1945 Constitution. Based on the Constitution, the court has
five duties. They are settling electoral disputes, settling
disputes among state institutions, dissolving political parties,
reviewing laws and verifying impeachment demands from the House.

The court has accepted 17 applications from various groups for
judicial reviews since it was established in mid-August.

Jimly emphasized that the court was ready to perform its
duties following the issuance of internal regulations and the
appointment of Marcel Buchari as the court registrar.

Meanwhile, the secretary-general of the court is Janedjri M.
Ghaffar, a former official of the People's Consultative Assembly
(MPR). Janedjri is still waiting for a presidential decree
formally confirming his appointment.

Jimly emphasized that the court would be independent and
impartial.

Although the nine members were appointed by different
institutions (the presidency, the House, and the Supreme Court
appoint three justices each), Jimly pledged that the court would
maintain unity.

"We will adopt a consensual approach to the decision-making
process. If there are dissenting opinions, we will make these
public," he said.

Also present at the meeting were Justices Sudarsono, Achmad
Roestandi, Laica Marzuki, Mukti Fadjar, HAS Natabaya and I Gede
Palguna.