Ministers and legislators challenge judicial review

Ministers and legislators challenge judicial review

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Two ministers and five legislators appeared for the first time
before the Constitutional Court on Tuesday to defend a number of
laws challenged by several judicial organizations claiming to
represent the interests of the general public.

Minister of Justice and Human Rights Yusril Ihza Mahendra and
Minister of Energy and Mineral Resources Purnomo Yusgiantoro sat
next to legislators A. Teras Narang, Hamdan Zoelva, Patrialis
Akbar and Agusman Mulyadi while the newly established court heard
judicial reviews filed against Law No. 20/2002 on electricity,
Law No. 22/2002 on oil and gas, Law No. 24/2002 on government
debt instrument and Law No. 32/2004 on broadcasting.

Lawyers representing the civil groups that had filed the
judicial reviews also stood in attendance.

During the hearing, Yusril, who was assigned by President
Megawati Soekarnoputri to represent the government, and the
legislators constantly raised questions as to whether or not the
plaintiffs were legally justified in their actions.

"Shall we give explanations to you if the requests have been
made by questionable parties? It is a waste of time," Yusril told
the panel of nine judges led by Judge Jimly Assidiqie.

Johnson Panjaitan and other lawyers of the Association of
Indonesian Lawyers (IPHI) and the Indonesian Legal Aid and Human
Rights Association (PBHI) said the motion was legal.

Yusril and the legislators still insisted that it was not
legally possible for either the IPHI or the PBHI to represent
groups whose constitutional rights were possibly violated with
the enactment of the laws being challenged.

"Why don't you just dismiss the case because they (the
lawyers) are not eligible to request the review?" Yusril, himself
a founder of a law firm, suggested to the justices.

Judge Jimly reminded the court that the government, the House
of Representatives and the plaintiffs should not act like lawyers
trying or defending a criminal or civil case.

"You are not warring parties. You have been summoned here
because we need your explanation about the legislation, so we can
decide whether they are or are not against the Constitution," he
said.

Jimly said that there would be no "winner or loser", because
the court was mandated to review laws that possibly contradicted
the Constitution.

He also explained that the justices would decide in the
verdict whether those who requested the reviews were eligible to
make the legal motion and whether the requests were justified.

"Please, be wise, because this will become the precedent," he
said.

A judicial review brought to the Constitutional Court begins
with a preliminary hearing to screen the administrative
requirements for a review, to hear the plaintiff, the government
and the House.

Criminal and civil courts here are required to issue a ruling
on the eligibility of a case after two or three sessions. If the
case is deemed eligible, the court proceeds with the trial.

Jimly told those in attendance to respect the court, because
the proceedings involved the constitutional fate of Indonesian
citizens. The hearings were adjourned until January next year.