T

he graft-tainted Constitutional Court (MK) delivered a controversial verdict on Monday divesting itself of the authority to handle complaints about local and regional elections.

The court issued the ruling in response to a judicial review filed by a little-known student group from Jakarta-based Esa Unggul University.

In its complaint, the student group argued that based on Law No. 48/2009 on judicial powers the court only had the authority to review whether or not laws issued by the government contradicted the Constitution.

The group also argued the court had no authority to hear complaints about local elections as the court is not a party to Law No. 12/2008 on local administration.

It demanded the Constitutional Court hand over its authority to hear cases of local election disputes to other institutions.

'€œWe have agreed to grant their petition. However, the court will continue to hear complaints from local elections pending the passage of a new law regarding this issue,'€ court Chief Justice Hamdan Zulva said in his verdict.

During the deliberation of the judicial review request, six justices approved the scrapping of their authority, while three justices Ahmad Fadhil, Anwar Usman and Arief Hidayat, dissented.

'€œThe MK hearing complaints about local-election disputes does not contravene the Constitution, because they are part of the general election. So disputes in local elections should be seen as part of disputes in general elections,'€ Fadil said in his dissenting opinion.

Calls had mounted for the court to stop handling local election disputes following the arrest of former court chief justice Akil Mochtar for allegedly receiving bribes from local politicians in relation to local-election disputes being handled by the court.

The Corruption Eradication Commission (KPK) arrested Akil at his official residence in Jakarta on Oct. 2 last year as he was allegedly about to accept a Rp 3 billion (US$ 262,720) bribe from Gunung Mas Regent Hambit Bintih.

The money was allegedly paid to Akil so that he would rule in favor of Hambit as the incumbent Gunung Mas regent and reject appeals by the losing candidates.

Akil has been accused of amassing Rp 57 billion from rigging 10 elections. Akil'€™s graft cases include those involving suspended Banten governor Ratu Atut Chosiyah and her brother, businessman Tubagus Chaeri '€œWawan'€ Wardana.

Following the arrest of Akil, President Susilo Bambang Yudhoyono signed a government regulation in lieu of law, known as a Perppu, in October, which aimed to restore the credibility of the graft-tainted court, despite opposition from lawmakers.

The new regulation would improve the selection process of justices and create a permanent ethics body to supervise the court.

Under the Perppu, a Constitutional Court justice would be expected not to have had links to a political party for at least seven years.

Justice candidates would also have to undergo '€œfit-and-proper'€ tests by an independent selection panel comprising seven people nominated by the Supreme Court, the House of Representatives, the government and the Judicial Commission.

There would also be a permanent ethics committee to monitor the court, whose office would be located in the Judicial Commission building.

The Perppu, however, said nothing about whether the court should handle local election disputes.

When asked for his comments following the court'€™s landmark ruling, Akil declined to say anything.

'€œNo comment,'€ he told reporters after wrapping up his court session at the Jakarta Corruption Court on Monday.