The court said on Wednesday that the attorney general’s tenure should end along with the elected tenure of the president and his Cabinet. This has caused confusion, with various parties offering explanations.

Former justice and human rights minister Yusril Ihza Mahendra, who had requested the judicial review of the 2004 Attorney General’s Office (AGO) Law, which regulates the attorney general’s term of office, had his own views.

“The court today says that the attorney general’s position is illegitimate. Hendarman Supandji no longer has the authority to take any kind of action as an attorney general,” he said after Wednesday’s
hearing.

The AGO recently named him a suspect in a graft case involving a government website. Yusril refused to be questioned by Hendarman, who he said was not legally in place.

But the government has stood its ground. State Secretary Sudi Silalahi said “nowhere in its ruling does the court say the word illegitimate”.

“If people talk outside the courtroom… it does not remove the attorney general from his post,” he said as quoted by Antara state news agency, referring to Constitutional Court chief Mahfud MD’s statement.

After the court session, Mahfud told reporters that the second the court finished reading out its ruling at 2:35 p.m. Wednesday, Hendarman could no longer keep his position.

He highlighted that Hendarman’s decisions made before the ruling was issued — including the one that incriminated Yusril in the alleged graft case — stay valid.

Sudi said Mahfud and Yusril’s comments “are aside from the juridical formal aspect of the court’s ruling”.

Hours before the court verdict, Hendarman was at the State Palace, receiving President Susilo Bambang Yudhoyono’s instructions to improve the performance of his office within two weeks.

The commission was left with empty seats when the selection process for new commissioners was delayed earlier this year.

The predicament of the institution at the front line of monitoring prosecutors highlighted the failure to reform the AGO.  Hendarman was subject to intense criticism as prosecutors were implicated in bribery and graft cases.

Prosecutor Wisnu Subroto was implicated in the case of Anggodo Widjojo, a businessman recently convicted for attempting to bribe KPK leaders in a bid to help his fugitive brother, Anggoro, wanted for his involvement in a graft case involving a government project.

Two prosecutors, Cirus Sinaga and Poltak Manulang, are alleged to be involved in the graft case of former tax officer Gayus Tambunan.

In 2008, the country saw prosecutor Urip Tri Gunawan charged with accepting  $660,000 in cash from businesswoman Artalyta Suryani to try to halt an AGO investigation into the embezzlement of Bank Indonesia liquidity support funds (BLBI).

Hendarman said on Wednesday he would refrain from making any strategic decisions as attorney
general until the President decides what to do.

Mahfud said the President had the right to dismiss Hendarman.

“The President can reappoint Hendarman as attorney general for two or three weeks or for another term; he can assign him as outgoing ; or he can appoint Hendarman’s deputy as an acting attorney general,” he said, adding that there should not be a vacuum of power. (gzl)

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