Respect results of test on chief justice nominees
Respect results of test on chief justice nominees
JAKARTA (JP): House of Representatives Speaker Akbar Tandjung
called on legislators on Thursday to take the results of fit and
proper tests on chief justice candidates into consideration
during a vote to choose two of the nominees next week.
Although he admitted that the tests, conducted by the House
Commission II for domestic and legal affairs, could be
disregarded in the scheduled Dec. 5 vote, Akbar said every
legislator should respect the outcome of the examination, which
put former justice minister Muladi on top of the list.
"We had earlier agreed that the selection of the candidates
was to be handled by House Commission II. We should respect
that," Akbar, who is also chairman of the Golkar Party, told
reporters.
"It would be a waste of time and energy if we just reject all
that has been done."
After hours of screening, the House commission announced on
Wednesday night that former Golkar deputy chairman Muladi led the
pack of six candidates with an average score of 7.916, followed
by academician Bagir Manan who scored 7.48. President Abdurrahman
Wahid's preference Benjamin Mangkoedilaga was third with 7.351.
The 500-strong House will vote for two candidates and will let
the President choose one of them for the Supreme Court top post
which has been left vacant by Sarwata since September.
Lack of legitimacy may dog the election of the chief justice
as the Indonesian Democratic Party of Struggle (PDI Perjuangan)
faction, the largest in the House, plans to abstain in the vote,
saying none of the candidates fit the bill for the position of
chief justice.
The decision was taken during a weekly executive meeting
presided over by chairwoman Megawati Soekarnoputri on Nov. 21.
The faction will propose alternative candidates instead.
"If the House cannot name alternative candidates, the party's
board of executives will ask their representatives in the House
to abstain from voting for the chief justice," the party's deputy
secretary-general Pramono Anung said.
PDI Perjuangan senior legislator Soetardjo Soerjoguritno
questioned the nomination of Muladi (who achieved the highest
test result), whom he said was closely linked to the past
government.
"We are not really interested in the candidates. Why Muladi?
He is too close to the New Order regime," Soetardjo, who is also
the deputy House speaker, said in a meeting with leaders of
several Muslim political parties.
Akbar expressed his regret over the plan, saying the stance
represented PDI Perjuangan's disrespect for the House procedure.
PDI Perjuangan holds 153 seats in the House after it finished
first in the general elections last year.
Doubt
Meanwhile lawyer Kamal Firdaus expressed the view that the
supremacy of the law could not be upheld if Muladi was elected
chief justice.
Speaking in a seminar on "Proposing Supreme Court Chief
Justice" in Yogyakarta on Thursday, Kamal said Muladi's
appointment to the Supreme Court top post would mean that all
three state high institutions went to Golkar after Akbar was
elected the House of Representatives speaker and Marzuki
Darusman, who is Golkar deputy chairman, was named the attorney
general.
A lecturer at the Gajah Mada University and Indonesian Islamic
University Sahlan Said also expressed his doubt about Muladi's
capability, saying that a chief justice should be nonpartisan.
"It's better if we give the chief justice post to a legal
practitioner and someone who is non-partisan. Muladi is obviously
partisan," Sahlan, who is also a judge in Magelang district
court, said. (jun/swa)