SBY Signs New Constitutional Court Regulations

Jakarta Globe, October 18, 2013

The new Constitutional Court regulation is expected to set out what is required
 of the justices, the selection process and the oversight to which the sitting
justices will be subjected. (JG Photo/Safir Makki)

President Susilo Bambang Yudhoyono signed on Thursday a regulation aimed at restoring public trust in the Constitutional Court following the arrest of Akil Mochtar, the court’s suspended chief justice.

The regulation in lieu of a law, or Perpu, codifies three main points, Djoko Suyanto, the coordinating minister for political, legal and security affairs, told a televised press conference.

“It sets out what is required of the court’s justices, the selection process to appoint new justices and the oversight to which the sitting justices will be subject.”

The Perpu, which stands as law until it is either ratified or struck down by the next sitting of the House of Representatives, firstly stipulates that a judicial candidate must not have been a member of a political party within the previous seven years.

Secondly, the Perpu tasks the Judicial Commission with establishing a panel of seven experts to select candidates for the Constitutional Court bench, whose names will be forwarded to the House of Representatives for final selection.

The government, the House and the Supreme Court will each propose one candidate for the expert panel, while four others will be selected by the Judicial Commission.

Finally, Djoko said, the Perpu establishes a permanent advisory body to the Constitutional Court, tasked with monitoring judicial conduct.

“Five members — former judges, academics, lawyers and public representatives — will be selected by the Judicial Commission,” Djoko said.

Akil was nabbed by the Corruption Eradication Commission earlier this month while allegedly accepting a bribe.

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