Jakarta, Oct 19 (Antara) - President Susilo Bambang Yudhoyono signed a
government regulation in lieu of law (Perppu) in a bid to regain public
trust in the Constitutional Court (MK) after chairman Akil Mochtar was
arrested for allegedly accepting bribes.
"The new regulation (Perpu on MK) is aimed to produce higher quality MK
judges," Deputy Minister of Justice and Human Rights Denny Indrayana
said on Friday. He was referring to the Perpu signed by the President in
Yoyakarta on Thursday evening.
The public confidence in the Constitutional Court (MK) has been
seriously shaken since the arrest of the MK chief early this month.
The new government regulation in lieu of law calls for more stringent requirements to be met by candidates for MK judges.
President Yudhoyono said he had enough Constitutional reasons to issue
the Perppu to help the MK regain the public's trust after the recent
arrest.
The Perppu is mainly concerned with additional requirements and the
mechanism for selecting MK judge candidates, as well as on the
improvement in the system of controlling MK judges.
The Corruption Eradication Commission (KPK), on October 2, 2013,
arrested 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 election of the head of the Gunung Mas district
in Central Kalimantan.
He was caught allegedly taking US$260 thousand from a Golkar party
lawmaker, identified as CHN, and a businessman, CN. Further, the KPK
confiscated Rp2.7 billion in dollar and rupiah currencies after the KPK
searched Akil Mochtar's official residence.
"The essence of the Perppu is increasing requirements for MK justices,
clarifying selection mechanisms and submission of MK justices, as well
as supervision of MK justices," coordinating minister for political,
security and legal affairs Djoko Suyanto said when announcing the Perppu
in Yoyakarta on Thursday.
According to Indrayana, under the Perpu candidates must not be members
of a political party for at least the past seven years. The process of
selecting and proposing a candidate must also be transparent and
improved.
Before being determined by the president, the candidate proposed by the
Supreme Court (MA), the House of Representatives (DPR) and the
president, himself, must first undergo a fit-and-proper test by a Panel
of Experts to be formed by the Judicial Commission (KY).
The Panel of Experts has seven members, including one proposed by the
MA, one by the DPR, one by the president and four selected by the KY
based upon recommendation of the public, as represented by former MK
judges, community leaders, academicians in law and law practitioners.
The Perppu proposes the setting up of a permanent MK Judge Honorary
Council (MKHK) to improve and create a more effective control system of
the MK by not contravening the independence of MK judges.
The
MKHK is to be formed by KY and MK, with five members consisting of a
former MK judge, a law practitioner, two academicians with one or both
having law backgrounds and a community leader.
"It is dangerous if the MK, which has strategic authority to safeguard
the state constitution, protect democracy and uphold the pillars of a
constitutional state, no longer has the full trust of the people,
especially next year when there will be general elections," Indrayana
said.
In the meantime, MK Deputy Chief Hamdan Zoelva said on Friday that his
side needed to meet President Yudhoyono to seek explanations regarding
the Perppu that has been signed.
"The Perppu regulates matters regarding the establishment of a
permanent MK Judge Honorary Council by the MK and Judicial Commission.
So, we want a firm explanation from the president. I have contacted
coordinating minister for political, security and legal affairs Djoko
Suyanto about this and he said he was ready to communicate this to the
President," Zoelva said.
The MK deputy chairman said earlier that the Perppu outlines no
immediate requirements that need to be fulfilled by the MK.
"There is nothing urgent in the provisions of the Perppu that we have to
follow up now. Based on the Perppu, the existing Ethics Council is
still allowed to carry out its tasks while the issue of recruitment of
justices is beyond our jurisdiction," he told newsmen at the MK
Building.
Further, Professor Yusril Ihza Mahendra, a constitutional expert and
former law and human rights minister, said that the Perppu has come too
late.
"It is too late now. Akil Mochtar has been under arrest since October
2. The lapse of two weeks has reduced the urgency (of the regulation),
considering the case was the basic reason behind its issuance," he said.
Over the past two weeks, the MK has already undertaken steps to regain
the public's confidence. This has been a result of the tough stance
adopted by the KPK, the National Narcotics Agency (BNN), the Financial
Transactions Analysis and Report Center (PPATK), as well as the Ethics
Council, in dealing with Akil Mochtar's case.
Meanwhile, the remaining eight MK justices, led by the MK deputy chief
justice, have made serious efforts to restore public trust through their
work.
"I was one of those who had expressed their agreement to the
President's issuing a Perppu one or two days after the KPK arrested Akil
Mochtar," Mahendra said.
When Akil Mochtar was arrested, the public's trust in the court had
been shaken severely, he noted. "Therefore, had the President issued a
Perppu sooner to supervise MK justices, public trust could have been
restored immediately," he said.
Although
he is critical of the timing of the issuance of the Perppu and its
contents, the Perppu is legal now, Mahendra said.
"It binds everyone until the time the House of Representatives decides otherwise," he explained.
Former
MK chairman Mahfud MD concurred with Mahendra, saying that the Perppu
became effective as of its announcement by the President. However, he
said, the House still has to conduct a judicial test.
"If
the government has announced the Perppu, it means that it has already
been put it into effect. But its substance should pass the DPR's
political review in its next sitting," Mahfud added.
He noted that if the Perppu was accepted by the DPR, it would be
followed up and enacted into law. But if it is not accepted, it would no
longer be valid.
The Judicial Commission (KY), meanwhile, hailed the issuance of the
Perppu. "The KY will soon carry out an internal consolidation to follow
up the new tasks," KY Spokesman Asep Rahmat Fajar said on Friday.
He added that KY would also coordinate with all concerned parties, such
as the House of Representatives, the Supreme Court and Constitutional
Court. "The KY is still guessing on the content and aim of the Perppu,
including its technical implementation," Fajar said.***2***
(T.A014/INE/B003)
(EDITED BY INE)
(T.A014/A/BESSR/Bustanuddin) 19-10-2013 20:3 |
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