Megawati enacts Constitutional Court Law

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.