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Government opposes House proposal to revise Constitutional Court Law

Following mounting public criticism, the government has opposed a House proposal to revise the Constitutional Court Law with provisions that would require some justices to be evaluated by their appointing instutitions but not others.

Nur Janti (The Jakarta Post)
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Jakarta
Tue, December 5, 2023

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Government opposes House proposal to revise Constitutional Court Law Constitutional Court Chief Justice Suhartoyo (third right) presides over a hearing after his inauguration on Nov. 13, 2023 in Jakarta. (Antara/Hafidz Mubarak A)

T

he government opposed on Monday a proposal from the House of Representatives to revise the law governing the Constitutional Court (MK) after mounting public criticism that lawmakers were trying to tinker with judicial independence ahead of potential disputes over next year’s election results.

House Commission III, which oversees legal affairs, insists on introducing transitional provisions requiring the evaluation of certain justices by their appointing institutions, a major deal breaker for the government.

“The government did not sign [the draft bill] because we still have objections to these [transitional] provisions,” Coordinating Political, Legal and Security Affairs Minister Mahfud MD told a press briefing on Monday, stressing that the law revision should not be detrimental to sitting justices.

Mahfud added that he had sent a follow-up letter to the House to further discussions, in which he represents the government along with Law and Human Rights Minister Yasonna Laoly of the Indonesian Democratic Party of Struggle (PDI-P).

Critics have lambasted lawmakers for rushing to discuss the proposal behind closed doors, less than three months until the general election.

Eight of the nine factions on the House commission, including the PDI-P, have signed the draft bill. The one exception is the United Development Party (PPP) faction, which was absent from the commission’s meeting last week, according to a copy of a House document obtained by The Jakarta Post.

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