Nivell Rayda, Jakarta – The government on Friday failed to provide satisfactory responses to the Constitutional Court about the position and legal standing of the Attorney General's Office inside President Susilo Bambang Yudhoyono's cabinet.
Judges Akil Mochtar, Muhammad Alim, Arsyad Sanusi, Hamdan Zoelva and Constitutional Court Chairman Mahfud MD all expressed their disappointment about the vague responses provided by Cholilah, director of litigation at the Ministry of Justice and Human Rights, who represented the government.
"I will submit my answers in writing, during the next court session," Cholilah said.
The judges had asked Cholilah about the exact position of attorney general inside the cabinet. "When an attorney general issues a decision, is he acting as an extension of the president's executive power? Or is he acting as an independent law enforcement official?" Judge Akil inquired.
Judge Hamdan, meanwhile, asked the ministry official about the power of prosecution inside the AGO, which oversees prosecutor offices nationwide. "In practice, all prosecution decisions need approval from the Attorney General. Does this mean prosecutor offices at the provincial and district levels have no independence whatsoever?"
Cholilah reiterated that he would provide answers to the questions in writing at the next court session.
Mahfud lambasted the official's response. "Your ministry produced the law. How can you have no idea about the system? I want you to respond to the questions now and not merely copy what you have already prepared in writing," he told Cholilah.
The court is hearing a judicial review on the Law on Prosecution, filed by Yusril Ihza Mahendra, a former justice minister and founder of the Star Crescent Party (PBB).
The AGO last month named Yusril as a suspect for his role in a fraudulent online corporate registration service at the ministry. Yusril is accused of illegally appointing Sarana Rekatama Dinamika, which allegedly swindled 90 percent of revenues from the service. The AGO estimated the scheme cost the state Rp 410 billion ($46 million). Yusril had been fighting back against the AGO's decision to charge him by questioning the legality of the position of Attorney General Hendarman Supandji.
Hendarman, Yusril said, was a member of President Susilo Bambang Yudhoyono's cabinet during the president's first and second term but the president never officially reinstated Hendarman as attorney general after Yudhoyono was reelected in 2009.
Yusril argued that the AGO's decision to charge him was therefore illegal.
"Today's hearing shows that the Attorney General Office's position is vague. It is not really an executive body because it deals with law enforcement but at the same time not also a part of the legal system because it is under the president," Yusril said.
The AGO also charged Sarana's owner, Hartono Tanoesoedibyo, the brother of media mogul Hary Tanoesoedibyo. Former Sarana president Yohannes Waworuntu has already been sentenced to five years in prison for his role in the case.