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Yudhoyono'€™s plan to reform MK draws criticism

Lawmakers have called on President Susilo Bambang Yudhoyono to drop his plan to issue a regulation in lieu of law, known as a Perppu, to launch reform of the Constitutional Court (MK), suggesting that the President amend Law No

Margareth S. Aritonang and Bagus BT Saragih (The Jakarta Post)
Jakarta
Thu, October 17, 2013

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Yudhoyono'€™s plan to reform MK draws criticism

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awmakers have called on President Susilo Bambang Yudhoyono to drop his plan to issue a regulation in lieu of law, known as a Perppu, to launch reform of the Constitutional Court (MK), suggesting that the President amend Law No. 8/2011 instead.

Deputy chairman of the United Development Party (PPP) and deputy chairman of the People'€™s Consultative Assembly (MPR) Lukman Hakim Saifuddin said on Wednesday that the issuance of a Perppu would not be effective.

'€œA Perppu is different from a law because it can'€™t take into account public opinion the way a law can. Also, lawmakers have no authority to review a Perppu. An amendment to the law is the best possible option,'€ Lukman said.

Member of the House'€™s Commission III overseeing law and human rights Bambang Soesatyo also warned that lawmakers would object to the issuance of a Perppu regarding the Constitutional Court.

'€œIt seems to me that the President is attempting to weaken the court. The President must honor existing regulations,'€ Bambang said.

Earlier this week, Yudhoyono said he would sign a Perppu on the Constitutional Court in the next couple of days, a move he believed would restore the court'€™s credibility following the arrest of its now former chief justice Akil Mochtar.

Yudhoyono said on Tuesday that the regulation would have provisions regarding the requirements, selection and recruitment processes and the supervision of Constitutional Court justices.

'€œMy hope is that with this Perppu, people'€™s trust in the court will be restored and the court can continue to fulfill its duties. It would be very dangerous for such a powerful institution to lose its credibility with the people,'€ the President said through his Twitter account @SBYudhoyono, late on Monday.

Yudhoyono also believed that the move would not be in contradiction with the State Constitution. He said the Perppu would help ensure that the selection of Constitutional Court justices would be free from any political interests.

'€œAlthough the Constitution allows the President, the House of Representatives and the Supreme Court to appoint and approve constitutional court justices, the process should be transparent and accountable,'€ he said.

Critics have suggested that Yudhoyono'€™s move to issue the Perppu was politically motivated. Under the current regulation, the court has the authority to adjudicate disputes related to legislative and presidential elections.

'€œI have information that the Perppu would position the Constitutional Court under the control and supervision of the government. Because it would undermine the court'€™s independence, issuing this Perppu is not a wise solution,'€ said Bambang Soesatyo, who is with the Golkar Party.

Fellow Commission III member Eva Kusuma Sundari of the Indonesian Democratic Party of Struggle (PDI-P) said she was concerned over the possibility that the Perppu would abolish the role of the House in selecting Constitutional Court justices.

The remaining eight court justices have also openly opposed the government'€™s plan, saying that Akil'€™s alleged bribery should have not be considered as an indictment of the entire judicial system.

A Perppu is as powerful as a law and can become effective immediately after the President signs it. After presidential approval, however, a Perppu is handed over to the House, which then considers whether it is sustainable.

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