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.