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Retiring Constitutional Court judges praised for legal views

Source
Jakarta Globe - January 5, 2010

Camelia Pasandaran & Muninggar Sri Saraswati – The Constitutional Court has been praised recently for its efforts to curb corruption in the country. This week, it bid farewell to two judges, who were at the forefront of that battle.

The court's officials on Tuesday held a retirement ceremony for Abdul Mukhtie Fadjar and Maruarar Siahaan, whose liberal and democratic views will sorely be missed, their colleagues said.

Mukhtie was the presiding judge who ordered to make public wiretapped conversations allegedly linked to an effort to undermine the Corruption Eradication Commission (KPK).

Maruarar was known to stray from popular opinion held by his fellow judges and offer a different perspective.

"It comes from his broad knowledge of the law," said Maria Farida Indrati, the court's lone female judge, describing Maruarar.

"[Mukhtie] played a significant role in making sure that judges remained consistent with our previous rulings," added Mahfud MD, the Constitutional Court chief.

The two judges were eligible for retirement after they turned 67 in December.

Appointed by former President Megawati Sukarnoputri, Mukhtie was granted another term by President Susilo Bambang Yudhoyono.

Mukhtie, a former head of the East Java Election Commission, joined the Constitutional Court when it was established in , 2003

Maruarar had worked for 35 years as a judge in various levels, serving in Southeast Sulawesi, North Sumatra, Surakarta in Central Java and Jakarta.

"Mukhtie was a walking dictionary," Mahfud said. "I and other judges continually relied on him to recall court rulings since 2003 until last year."

In describing Maruarar, a frequent participant of radio-singing competitions and who sang "I Left My Heart in San Francisco" during Tuesday's gathering, Mahfud agreed his point of view was almost always distinct.

"He went against the sentimental decisions of other judges," Mahfud said. "He often straightforwardly approved judicial reviews by identifying 'mistakes' in the law. He believed that no single law should contradict the Constitution," Mahfud added.

On Tuesday, Mukhtie said it was time to give way to new faces. "Though the Constitutional Court is the most prestigious of courts in the country, much needs to be improved," Mukhtie said. "Night has turned into morning. The old guard must leave as he has reached the final station."

The branch of government, which appointed the two judges, will be tasked to name their respective replacements.

The Supreme Court has appointed Achmad Fadhil Sumadi to take the slot vacated by Maruarar, while Yudhoyono has not chosen Mukhtie's replacement.

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