Court settles friction with House over law reviews

The Jakarta Post , Jakarta | Tue, 02/06/2007 4:49 PM

Ridwan Max Sijabat, The Jakarta Post, Jakarta

Constitutional Court President Jimly Asshidiqie met with the House of Representatives leadership Monday in his bid to settle friction between the two state institutions, following the annulment of several laws by the court.

""Besides sharing concern over increasing calls for the nation's return to the 1945 Constitution, we came here to re-state the two institutions' main roles.

""The House has its legislative right to make laws, while the court's main task is to examine passed laws in accordance with the Constitution,"" Jimly said after the meeting.

Since its establishment in 2003, the Constitutional Court has reviewed a great number of laws produced by the House. The court has annulled the Truth and Reconciliation Law, as well as striking down several chapters from laws on labor export, the anticorruption commission and the judicial commission, to name some.

The court's recent decision to annul the Truth and Reconciliation Law sparked strong protests from human rights groups and the House, which threatened to limit the court's authority to examine laws.

""The House should bear in mind that all laws it has passed belong to the public and the latter has the right to have the court review any laws for the public's sake,"" Jimly said.

He added that the meeting with the House leadership was part of the court's tour of other state institutions, including the Regional Representatives Council, the Supreme Audit Agency, the Supreme Court, the Judicial Commission (KY) and the Corruption Eradication Commission (KPK).

Separately, Denny Indrayana, a constitutional law expert at Gadjah Mada University in Yogyakarta, slammed the court for its decisions to cut down the authority of the KPK and the KY.

The court should not only refer to the Constitution in making decisions, but should also take into account social realities, Denny said.

""The limiting of the KPK's inquiry authority will discourage the commission from fighting against the corruption culture; and the annulment of the Judicial Commission's supervisory authority will revive corruption in the judicial system,"" Denny said.

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