Abdul Khalik, Jakarta – Major House of Representatives factions failed in their second try to keep Bagir Manan as chief justice before he retires early next month, after widespread opposition to enabling legislation.
The failed move led by Golkar, the Democratic Party and National Mandate Party means Bagir must retire on Oct. 6, 2008, when he turns 67, as required by prevailing Supreme Court law.
In an attempt to prevent his compulsary retirement, the three parties sought persistently to hold a House plenary session on Oct. 6 to pass the new Supreme Court bill that would extend the retirement age of 13 senior justices, including Bagir, to 70 years.
But this proposal was rejected by major factions in the House, including the Indonesian Democratic Party of Struggle (PDI-P).
"We have no plan to stage a plenary meeting (to endorse) the bill on Oct. 6," said Golkar lawmaker Aziz Syamsuddin, who is a deputy chairman of the House's Commission III overseeing legal affairs, which is deliberating the bill.
Earlier, the three factions had also fought hard to have a similar plenary meeting held last Friday, so the bill could have been passed that day, the day before the House adjourned for the Idul Fitri holidays.
But their first attempt also collapsed because most other major factions rejected the rushed passage of the bill, arguing that discussion at the commission level was not finished.
Golkar however did not give up after seeing the end of the last chance, on Friday, to extend Bagir's term in office. House Speaker Agung Laksono, who is a senior party politician, then sent a letter to all faction heads, suggesting that the legislature stage a plenary session on Oct. 6 to pass the bill.
"Should the House have been in a position to pass the bill on Oct. 6, and the President sign it later in the day, then Bagir would have remained in office," constitutional law expert Irman Putra Sidin said.
PDI-P lawmaker Eva K. Sundari, whose party strongly opposed the retirement age extension for senior justices, said the House finally decided to convene a plenary meeting on Oct. 9.
"So, it is true that Bagir must go. But please don't get it wrong, there are 12 other senior justices who will stay in office if the bill is passed into law on Oct. 9," she said.
One of the 12 senior justices would ultimately replace Bagir as chief justice, keeping the status quo intact, Eva added.
Bagir and senior other justices have been accused by anticorruption groups and legal experts of obstructing reforms within the Supreme Court.
Irman criticized the retirement age extension as a "conspiracy" plotted by executive, legislative and judiciary agencies to weaken democratic checks and balances, pointing out that the extension proposal came from the government.
"It is crystal clear that the government and legislators want to keep the Supreme Court under their influence. If they can pass the retirement age extension then they just wait for a return of favors," he said.
With many legislators and other senior officials being convicted or charged in graft probes by the Corruption Eradication Commission (KPK), extending the old guard in office would mean decisions by the Supreme Court could be arranged or traded, Irman said.
"Remember, government and legislators have agreed to put the Corruption Court under the auspices of the Supreme Court. The KPK may bring lawmakers and officials to court, but they will lose ultimately (in higher courts)," he said.
All in all, Irman added, there was a grand design to weaken the fight against corruption in the next three years by delegitimizing the KPK.