MK EXPECTED TO NOT SETTLE ELECTIONS DISPUTES

By Andi Abdussalam

Jakarta, Oct 6 (Antara) - The Constitutional Court (MK) has been called on to stop handling election disputes following the arrest of its chief Akil Mochtar over an alleged bribe related to a dispute on regional head election.          The right to settle election disputes given to the Constitutional Court (MK) has dragged the country's highest judicial body into practical politics that is prone to intrigues and power abuses.          Deputy House Speaker Pramono Anung Wibowo suggested that the Constitutional Court should return to its authority based on the 1945 Constitution, namely controlling the law from deviating from the Constitution.      According to Pramono, the MK as a state institution which supervises the implementation of the Constitution has actually performed better but on the other hand its right to settle regional head election disputes has dragged it into practical politics.          He said that the authority of the MK was increased with the issuance of Law No. 8 / 2011 on Elections that gave it the right to settle regional head election disputes.          "Thus, the opening gate begins here. Once it involves in practical politics, its senior justice, even if he has grown grey hair and should have no longer lust, could finally be enticed," the Deputy House Speaker said.          Pramono made the remarks in response to the arrest of the MK chairman over an alleged corruption case.            The Corruption Eradication Commission on Wednesday arrested in Jakarta Chairman of the Constitutional Court Akil Mochtar on charges of receiving bribes from a lawmaker and a businessman, in connection with a dispute related to the elections of the heads of the Gunung Mas District in Central Kalimantan and Lebak District, in Banten.          He was caught allegedly receiving US$260 thousand from a Golkar party lawmaker, identified as CHN, and a businessman, CN. KPK spokesman Johan Budi said the KPK could only acknowledge that a total value of Rp2.7 billion in dollar and rupiah currencies had been confiscated following the KPK's search of Akil Mochtar's official residence.          The KPK has named Akil Mocthar a suspect in the case.          Pramono said the arrest of the MK chairman was a serious problem and constituted a heavy blow on Indonesia in its efforts to eliminate corruption practices.          "The MK must be returned to its main task and function in supervising the implementation of the Constriction," Pramono, who is also a former secretary general of the Indonesian Democratic Party of Struggle (PDIP), said.          Constitutional expert Yusril Ihza Mahendra, who is also a former minister of law and human rights, suggested that the President must issue a Perpu (a government regulation in lieu of law) to scrap the MK's right to settle regional head elections disputes.          With regard to regional head elections disputes, Deputy Chairman of the Regional Representatives Council (DPD) Laoda Ida suggested that the MK impose a moratorium.          "A moratorium should be in place to enable constitutional judges improve themselves so that the process of dispute settlement will truly be clean," asserted Laode Ida at a discussion on the image of the MK on Friday.          Laode said moratorium in the handling of regional head election disputes was important to maintain the image of the MK integrity.          He said that the MK issued a verdict based on a collegiality and collective decision, taken together by nine justices.          It should be decided based on the majority votes (at least five of the nine judges).          The verdict on dispute over a regional head election should at least be decided by five judges.          Thus, with this collective decision, said Laode, it could be suspected that other MK judges were also involved in the Akil Mochtar's case.          He also suggested that the President issue a Perpu to replace one which gave the MK the authority to handle election disputes.          On the current regional head election disputes, Laode suggested that these regions should for the time being be led by acting heads, pending the House of Representatives (DPR)'s revision of the Election Law that mandated the MK to settle regional head election disputes.          "The MK authority should be returned to guarding the Constitution," Laode said.          In the meantime, Setara Institute Chairman Hendardi said the MK judges should be supervised. The Akil Moctar case is a momentum the law makers to return Judicial Commission (KY)'s authority to supervise MKs judges.          According to Hendardi, the fact that the MK has been designed to be free from supervision is an anomaly in constitutional democracy where check and balances among institutions are required.          "In constitutional democracy,  a state institution, which is super body and free from control, has never been allowed to exist without," Hendardi said on Saturday.          He said that the arrest of Akil should serve as a momentum for returning the KY's authority to supervise MK's judges.          "The arrest should serve as a momentum to return the KY's authority," he said.          He said that the presence of KY with the authority to control the MK's judges should be viewed as an implementation of the check and balances principle.          In response to the corruption allegations against the MK, President Susilo Bambang Yudhoyono held a consultation meeting at the Presidential Office here on Saturday with the leaders of the state's high institutions to discuss the problem.          The President held the meeting prior to his leaving for Bali Province to attend the Asia-Pacific Economic Cooperation (APEC) summit.          Present at the meeting with the president were Supreme Court (MA) Chairman Hatta Ali, State Audit Board (BPK) chairman Hadi Purnomo, People's Consultative Assembly (MPR) Chairman Sidarto Danusubroto, House Speaker Marzuki Alie, Chairman of the Regional Representatives Council (DPD) Irman Gusman and Judicial Commission (KY) Chairman Suparman Marzuki.          After the meeting, Yudhoyono said he would prepare a draft Perpu on the selection mechanism of MK judges.          "I am planning to draft a Perpu which will among others cover requirements, regulations and mechanism on MK judge selection," the president said.          He said the inputs on the drafting of the Perpu would, based on the Constitution, came from the President, the House of Representatives (DPR) and the Supreme Court (MA).          Constructional expert Yusril Ihza Mahendra lauded the President's step to issue the Perpu (govt regulation in lieu of law).          "President Yudhoyono's decision to issue a Perpu to amend the Law on Constitutional Court is a correct step to overcome the crisis that hit the MK," said Yusril on Saturday.          He suggested that the Perpu should also amend MK's authority to settle regional head election disputes.          Yusril, who is also a former minister/state secretary, hoped that if the Perpu had been passed into law by the House of Representatives, the MK should not conduct a judicial review on any law which concerned its own affairs.***2*** (T.A014/b003/B003) (T.A014/A/A. Abdussalam/Bustanuddin) 06-10-2013 14:29: