The MK, itself, raised no objection on the issuance of the Perppu."
Jakarta (ANTARA News) - Minister of Law and Human Rights Amir Syamsuddin has expressed hope that the House of Representatives (DPR) will endorse Government Regulation In Lieu of Law on Constitutional Court (Perppu MK) so that it can be enacted into law.

"Without intending to exert any influence, I would like to say that I hope the DPR will consider this very important issue (endorsing the Perppu MK) so that the Constitutional Court (MK) can regain public trust in the run-up to the 2014 general elections," the minister said at the DPR building here on Wednesday.

Amir said the restoration of public trust in the MK is important to ensure that any judicial proceedings handled by the MK do not face problems.

The minister noted that the government had issued the Perppu following the recent arrest of suspended MK chairman Akil Mochtar by the Corruption Eradication Commission (KPK) on alleged corruption charges.

"The MK, itself, raised no objection on the issuance of the Perppu," the minister added.

According to Amir, Perppu MK offers a solution for the MK to resume handling its strategic functions in the run-up to the general elections.

During a working meeting with the DPR on November 26, three of the nine factions in the House refused to grant approval to Perppu No.1 / 2013 on the MK being enacted into law. The three factions were from the Indonesian Democratic Party of Struggle (PDIP), the Great Indonesia Movement (Gerindra) Party and the Peoples Conscience Party (Hanura).

President Susilo Bambang Yudhoyono issued Perppu No. 1/2013 on the Constitutional Court on October 17. The Perppu was issued following the arrest of then MK chairman Akil Mochtar by the Corruption Eradication Commission (KPK) for allegedly taking bribes in connection with a regional head election dispute.

But various quarters believe that Perppu MK lost momentum because it was issued much later (three weeks) after the arrest of Mochtar.

So far, several parties have filed a request with the MK for a judicial review of Perppu MK. All factions of the DPR will also conduct a judicial review of Perppu MK in the next session of the House.

A legislator had recently predicted that Perppu MK would face difficulties in obtaining endorsement from the House of Representatives.

"The United Development Party faction (FPPP) has reminded the government it should not issue Perppu MK because it is no longer an urgent matter. I cannot be certain that all factions in the House will reject it. I can only say that Perppu will face difficulties in achieving the Houses endorsement," Ahmad Yani of the FPPP said.

He made the remarks after stating his views on a possible judicial review of the Constitutional Court Law at the MK building.

Yani said the FPPP was of the view that issuing the Perppu MK was not an urgent matter anymore. After all, provisions in the Perppu concern matters of future improvement (and, therefore, not urgent), he noted.

The FPPP member added that the use of an expert panel in the selection of MK judges as required under Perppu MK was against the Constitution.

The Constitution clearly states that MK judges must be selected by three state institutions: the Supreme Court, the DPR and the President.

"If MK judge selection involves an expert panel, it means that another element not mentioned in the Constitution has been added," he said.***2***



(A014/INE/S012)





(T.A014/A/KR-BSR/S012) 04-12-2013 19:52:57

Editor: Priyambodo RH
Copyright © ANTARA 2013