Megawati enacts Constitutional Court Law
The Jakarta Post Jakarta
President Megawati Soekarnoputri endorsed the Constitutional Court Law on Wednesday, to enable the establishment of the court before Aug. 17 as stipulated by the amended 1945 Constitution.
Minister of Justice and Human Rights Yusril Ihza Mahendra said after meeting the President that the law came into force immediately after the signing.
The House of Representatives endorsed the bill on Aug. 6, while it was officially in recess, as both the legislative body and the government were racing against time. Both the government and the House had come under criticism for their snail's pace in deliberating the bill.
"With the endorsement, we can continue with the selection of the justices, so we can appoint them as soon as possible," Yusril said.
The court will consist of nine judges with the President, the House and the Supreme Court each appointing three.
As of Wednesday, only three judges had been appointed to the court, after Chief Justice Bagir Manan named justice Laica Marzuki, chief of Surabaya administrative court Sudarsono and chief of Bengkulu high court Muarar Siahaan to the Constitutional Court bench.
A Presidential Palace official said Megawati was slated to swear in the nine judges on Aug. 15 after delivering her State of the Nation address.
Yusril said the government would give the public until noon on Thursday to scrutinize its candidate justices. "Should there be any objections, we will nominate others," he said.
The House had also invited the public to submit their input on its candidates, but only three serious respondents voiced their views.
The National Consortium for Legal Reform (KRHN) said on Wednesday it could not find any quality candidates to sit on the Constitutional Court, therefore it opted not to comment on any of the nominees picked by the government and the House.
The KRHN and other non-governmental organizations (NGOs) would therefore only monitor the selection process and try to ensure a fair process, KRHN chairman Firmansyah Arifin said on the sidelines of the House's selection process.
"It (the candidates) had become a hot subject of debate among NGOs, but then we agreed to focus on the selection process," he said.
The government named seven candidates yesterday, but ended with six with the withdrawal of Hamid Awaluddin the same day.
While appreciating the honor, Hamid said he preferred to concentrate on his current duties as a member of the General Elections Commission (KPU), saying the House would be burdened with another fit and proper test to select his successor if he was appointed to the Constitutional Court.
Also yesterday, House Commission II for law and home affairs began its two-day fit and proper test for its 13 candidates.
Members of the 63-strong commission examined seven candidates on their understanding of the responsibilities of the Constitutional Court and its justices: former legislator Achmad Rustandi, legislator Ali Hardi Kiaidemak, former Supreme Court justice Benjamin Mangkoedilaga, lecturer Dahlan Thaib, former Supreme Court justice Edith Nababan, lecturer Eko Sugitario and legislator Harun Kamil.
Sayuti Rahawarin of the Daulatul Ummah Party (PDU) faction asked the candidates whether judicial review into laws would mean a total revision of those laws or simply the specific articles.
Tahir Saimima of the United Development Party (PPP) specifically questioned Benyamin's capabilities if appointed, given that he is nearing retirement age.
The new law stipulates that serving justices must not be more than 67 years of age, while Benyamin is 66 years old, as is Edith Nababan.
After the fit and proper test for the remaining candidates finishes on Thursday, the commission is slated to announce its selection.