Lawmakers shortlist strong MK candidates

National News - March 10, 2008
Lilian Budianto, The Jakarta Post, Jakarta
The House of Representatives has a shortlist of names to fill Constitutional Court positions opening up in the coming months when currently serving justices retire or their terms expire.

Lawmaker Gayus Lumbuun of Indonesian Democracy Party of Struggle (PDI-P) said Saturday several people -- including incumbent MK chairman Jimly Asshiddiqie, Mahfud MD of the National Awakening Party (PKB), Akil Mochtar of the Golkar Party and Airlangga University law professor Haryono -- would "compete in a tight battle" for three seats that will soon be vacant.

"The House is looking for people with strong legal backgrounds, good track records and considered having a high moral quality," he told The Jakarta Post.

According to 2003 enabling legislation, the House, president and Supreme Court are each entitled to appoint justices to the court.

The House has a "fit and proper test" scheduled for 16 candidates on Tuesday. The test had been postponed several times as House factions finalized their picks.

Jimly announced his candidacy close to the Thursday deadline after repeatedly refusing support from the House to stand for another term.

He said he was reluctant to serve again because of his age, changing his mind when he saw broad House support. The University of Indonesia law professor turns 58 on April 17.

Gayus said he was fearful Jimly faced a tough challenge from the House during the test because of a decision he made earlier this month to extend the term of fellow justice Achmad Roestandi.
Achmad was to retire this month upon turning 67. However, Jimly decided to keep him on until August when his term would naturally expire, to avoid a vacancy.

According to Gayus, Jimly should have consulted with the Supreme Court or House before making a decision "beyond his authority".

He also expressed fears Jimly's decision could affect the legibility of decisions made by the court, as the law didn't allow the terms of justices to be extended. All judges have to retire at 67, he said.

"I am very much concerned that the House will focus on that move and go hard on him. It could backfire on him."

Two other justices will turn 67 and retire before the expiry of their terms. Mohammad Laica Marzuki will retire on May 30 and Soedarsono on June 30.

Procedures say the House should release results of this week's test within 10 days to two weeks, but it is feared the process may take longer.

The drawn-out process for filling empty seats may also hamstring the court in the interim as the law requires plenary sessions of at least seven judges.