Tony Hotland, Jakarta – With Supreme Court justices miffed at plans for an assessment of their suitability to sit on the bench, legislators have taken their side in what threatens to become a tug of war in the corridors of power.
President Susilo Bambang Yudhoyono gave the go ahead on Jan. 4 for the issuance of a regulation in lieu of a law (Perpu) that authorized the recently established Judicial Commission to assess the Supreme Court's 49 justices.
It was widely seen as a move to clean up the judiciary, especially after five Supreme Court employees were detained in connection with a bribery case involving tycoon Probosutedjo, who was earlier convicted of graft.
Justices, based on the law on the Supreme Court, should be selected by the House of Representatives. Under the Perpu, however, a poor assessment could lead to "reselection" – a euphemism for their reassignment or removal.
Justices argue that this process would be an "insult" to the public who elected the legislators.
Trimedya Panjaitan, who chairs House Commission III monitoring the Supreme Court, said Thursday that Perpu's issuance should be limited to emergency situations.
"Its issuance in a nonemergency situation disrespects the House as a state institution and allows political meddling by the executive in the judiciary," the lawyer and member of the Indonesian Democratic Party of Struggle (PDI-P) said.
Trimedya said the law required the House to be involved in selecting Supreme Court justices, and the proposed reselection should thus also include legislators.
Fellow commission member Lukman Hakim Saifuddin from the United Development Party (PPP) said the government's action indicated its arbitrary actions.
"If the government pulls out a Perpu to fit everything its way, then the President's credibility will be questioned." A partial revision to the Judicial Commission law is the solution, Lukman added.
Supreme Court chief Bagir Manan, who Probosutedjo accused of accepting bribes, reiterated his objection to the plan, saying it would be vulnerable to abuse by the executive.
The Perpu is being drawn up by the Judicial Commission. After meeting with House leaders Thursday, the chairman of the Judicial Commission, Busyro Muqoddas, said reselecting the justices was urgent as part of the government's war against corruption.
"Revising the law on the Judicial Commission, even partially, will take too much time. A Perpu is the option for now." Busyro said the Thursday meeting was to seek political support from the House before submitting the Perpu's draft to the State Secretary in early February for approval by the President.
He was uncertain if the planned reselection of the justices would also include the House in the process.
The Judicial Commission law endows the commission the power to make preliminary selection of justices at the request of the Supreme Court, before final screening and confirmation by the House.