Minister lauds new Constitutional Court bill
Law and Human Rights Minister Patrialis Akbar lauded the bill on the constitutional court, which was recently agreed upon by legislators.
“There are many [positive aspects]. Those that are previously only mentioned in the regulations are now in the law,” Patrialis said Tuesday in Jakarta.
One of the positive aspects of the bill, which will then be forwarded to the House's plenary session, is the discouragement of the Constitutional Court from conducting a legislative review, which would allow it to formulate a new law, he said.
“So if [a law] gets cancelled, the Constitutional Court will not make its own rule. They should return [the matter] to the House,” Patrialis said.
The draft stipulates that members of the court’s honorary council come from several institutions: the Judicial Commission, the Constitutional Court, the government, the House of Representatives and the Supreme Court.
“It is for balancing purposes, so that there will be no elements of subjectivity regarding problems related to code of conduct. There are five institutions so there will be no incident of seeking fault. That’s good.” Patrialis said.
He added that according to the new bill, the court will be forbidden from deciding on a matter it has not been asked to make a decision upon. The move, named ultra-petita – granting more than what is asked for – should not contradict other rulings.
“Don’t decide something that is not asked for,” Patrialis said.
He added that disappointment towards the honorary council has become “part of the experiences” that had led to the current “improvements.”
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