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Hamdan inaugurated as critics raise alarm over his political past

New guards: Justices Hamdan Zoelva (left) and Arief Hidayat strike a pose after taking oath as the new Constitutional Court chief and deputy, respectively, on Wednesday

Ina Parlina (The Jakarta Post)
Jakarta
Thu, November 7, 2013 Published on Nov. 7, 2013 Published on 2013-11-07T10:23:53+07:00

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New guards: Justices Hamdan Zoelva (left) and Arief Hidayat strike a pose after taking oath as the new Constitutional Court chief and deputy, respectively, on Wednesday. Hamdan replaced Akil Mochtar, whom the Corruption Eradication Commission (KPK) arrested while accepting a bribe last month. (JP/Nurhayati) New guards: Justices Hamdan Zoelva (left) and Arief Hidayat strike a pose after taking oath as the new Constitutional Court chief and deputy, respectively, on Wednesday. Hamdan replaced Akil Mochtar, whom the Corruption Eradication Commission (KPK) arrested while accepting a bribe last month. (JP/Nurhayati) (left) and Arief Hidayat strike a pose after taking oath as the new Constitutional Court chief and deputy, respectively, on Wednesday. Hamdan replaced Akil Mochtar, whom the Corruption Eradication Commission (KPK) arrested while accepting a bribe last month. (JP/Nurhayati)

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span class="caption" style="width: 510px;">New guards: Justices Hamdan Zoelva (left) and Arief Hidayat strike a pose after taking oath as the new Constitutional Court chief and deputy, respectively, on Wednesday. Hamdan replaced Akil Mochtar, whom the Corruption Eradication Commission (KPK) arrested while accepting a bribe last month. (JP/Nurhayati)

Newly elected Constitutional Court Chief Justice Hamdan Zoelva was inaugurated on Wednesday as doubts lingered over whether the former politician, known to have close ties with former justice and corruption suspect Akil Mochtar, is the right man to lead the court.

Legal activists, politicians and academics have voiced their criticism against the court for tapping Hamdan to replace Akil, who is currently detained by the Corruption Eradication Commission (KPK) on corruption charges in a bribery scandal that has badly tarnished the court's image.

Hamdan, after working as a lawyer for more than a decade, co-founded the Crescent Star Party (PBB).

He served as the party's lawmaker from 1999 until 2004, during which the party pushed for the adoption of the Jakarta Charter during deliberation of the amendment of Article 29 of the Constitution on religion. The charter, drafted in 1947, promotes the adoption of sharia law.

In 2008, Hamdan and PBB chief patron Yusril Ihza Mahendra filed a judicial review of the Presidential Election Law to the Constitutional Court, challenging the law's stipulation that a party must gain 20 percent of the vote to nominate a presidential candidate. Yusril, seen as a potential presidential candidate, is reportedly considering to challenge the Presidential Election Law again.

With the 2014 general elections approaching, several politicians from other political parties are wary about whether the court, which is also tasked with adjudicating election disputes, will be able to remain impartial.

Pramono Anung from the Indonesian Democratic Party of Struggle (PDI-P) has said the Akil case should serve as a lesson that his successor should be free of political influence to keep the court independent. 'We want the court to distance itself from political parties and those in power.'

Other critics highlighted the fact that Hamdan was probably no different from Akil, a former lawmaker from the Golkar Party.

Erwin Natosmal of the Indonesian Legal Roundtable (ILR) lambasted the justices. 'It shows that the justices did not learn from Akil's bribery case. Hamdan was Akil's supporter [when Akil ran for the position of chief justice] and he is a former politician,' he said.

After being elected in April, Akil, who replaced Mahfud MD, vowed that he would lead the institution in a better direction and that the justices' independence was non-negotiable.

In his speech after he was sworn in, Hamdan attempted to challenge the criticism, saying that he would not let his political past influence his leadership.

'I have given up all emotional ties with the political party or group where I came from since I took office three years ago as a justice,' he said. 'In presiding over a hearing, I never take into consideration who the litigants and the petitioners are ' only the case's substance,' he added.

At the end of his speech, Hamdan warned his critics that groundless accusations against him may harm the court and could be considered 'contempt of court'.

He said that he was referring to allegations that he should undergo questioning by the KPK for his alleged role in Akil's case. 'We hope that the public and particularly the lawyers who represent local election disputes in the court, do not make allegations against the justices,' Hamdan said. 'We need everybody to support our efforts in restoring public trust.'

Media reports said that Hamdan was in the same panel as Akil in 2010 when the latter was accused of receiving bribes in connection to the Simalungun election dispute. Akil was cleared of the allegation.

Financial Transaction Reports and Analysis Centre (PPATK) deputy chairman Agus Santoso, who attended Hamdan's inauguration ceremony, reminded Hamdan and the rest of the justices to not make empty promises.

'All justices [...] are being monitored; don't try to commit corruption,' Agus said on Wednesday. 'We all know that Akil's arrest came after PPATK's report last year.'

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