Sun, 17 Aug 2003

RI establishes Constitutional Court

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

President Megawati Soekarnoputri installed on Saturday nine judges to the bench of the newly created Constitutional Court.

In a ceremony attended by high-level officials at the State Palace, the nine judges, all prominent figures in the field of law, were sworn in by the President.

The nine judges were nominated by the government, the House of Representatives and the Supreme Court. They are Achmad Syarifuddin, Mukti Fadjar, Haryono, Jimly Asshiddique, Achmad Rustandi, I Dewa Palguna, Laica Marzuki, Sudarsono and Muarar Siahaan.

With the installment of the judges, the Constitutional Court officially takes over the judicial review authority from the Supreme Court. It is also ready to hear other cases dealing with the Constitution.

"The public should have no doubt about us. We promise to be independent in settling cases between state institutions," Jimly said after the ceremony.

The Constitutional Court was established officially several days after the President enacted the law on the court. The bill, which was deliberated by the House for one and half months, was endorsed by the House last week.

The Constitutional Court is directed by the Constitution to conduct judicial reviews and settle cases where the president is considered to have violated the law.

There are worries the political affiliations of the judges could influence the court's decisions, especially as regards cases involving the president.

Jimly, who is affiliated with the Golkar Party, denied politics would color the court's decisions.

Two judges, Haryono and Palguna, are affiliated with the Indonesian Democratic Party of Struggle (PDI Perjuangan), the largest party in the country, while Rustandi was proposed by the United Development Party (PPP).

Jimly said the nine judges would hold their maiden meeting as soon as possible to elect a chief judge and to resolve any technical matters.

"We will also have a meeting with the Supreme Court, which used to handle judicial reviews," he said.

The Constitution required the country to have a Constitutional Court up and running before Aug. 17 this year.

Laica Marzuki, one of three judges nominated by the Supreme Court, had been receiving treatment for respiratory problems at a Jakarta hospital.

He left the hospital for several hours to attend the ceremony at the State Palace.

A team of doctor and nurses were standing by during the ceremony, along with an oxygen tank, in case Laica fell ill.

"We are so worried, he should not leave the hospital," one of the nurses said. The team took Laica back to the hospital as soon as the ceremony was over.

Most of the Cabinet, House of Representative Speaker Akbar Tandjung and other official were among the attendees at the ceremony.