NGO names candidates for Constitutional Court bench

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.