NGO names candidates for Constitutional Court bench

M. Taufiqurrahman, The Jakarta Post, Jakarta

Saying that the government, the House of Representative (DPR) and the Supreme Court all had turned a deaf ear to the views of the public regarding the recruitment of judges for the new Constitutional Court, a judicial watchdog announced on Sunday its own list of candidates.

Among the names of over one hundred prominent people listed by the National Consortium for Law Reform (KRHN) were lawyer and rights activist Todung Mulya Lubis, constitutional law expert from the state-run University of Indonesia, Jimly Asshidiqie, legal expert from Padjajaran University Sri Soemantri, rights activist Bambang Widjojanto, lawyer Adnan Buyung Nasution and Supreme Court justice Artidjo Alkotsar.

KHRN chairman Firmansyah Arifin said those who were on the list were figures who possessed statesmanship and integrity so as to be suitable for appointment to the Constitutional Court.

"They are also well versed in administrative law issues," he told The Jakarta Post.

After the endorsement of Constitutional Court bill by the House last week, the House, Supreme Court and the government each have to select three judges, making up a total of nine judges, before the Aug. 17 deadline expires.

However, as the deadline draws near, it is clear that little public participation will be involved in the selection process.

Chief Justice Bagir Manan brushed aside possible public participation in the recruitment process, saying that he had the prerogative to choose candidates from the institution he chaired.

"I have the privilege to appoint candidates from the Supreme Court," he said.

Bagir said candidates from the Supreme Court would come from the country's high courts.

Earlier, a legislator from the Golkar party revealed that his faction in the House would nominate three candidates and one of them would be Andi Mattalata, a member of the faction.

Meanwhile, the Reform faction also nominated legal expert Jimly Asshidiqie, Dahlan Thaib of the Yogyakarta-based Indonesian Islamic University, and Mukti Fadjar of the Malang-based Brawijaya University.

Firmansyah said although there was not much time left, the public should still make their voices heard in the process as the Constitutional Court would play an important role in the country's legal system in the future.

"Lack of public participation will allow the government, the House and the Supreme Court to hijack the recruitment process and at the end of the day, the three institutions will select judges who will be out to protect the interests of the institution that appointed them," he said.

He also doubted whether candidates from the high courts as proposed by the chief justice would have the capabilities required of judges of the Constitutional Court. "In the high court, they are preoccupied only with criminal and civil cases. I am skeptical that they will be able to tackle constitutional law issues," he said.

The Constitutional Court will have jurisdiction to settle disputes over ballot counts, conflicts between laws and the state constitution, disputes among state institutions, dissolve political parties and to give final judgment on violations committed by the president as alleged by the House. The latter could lead to the impeachment of the president.