Bagus BT Saragih, Jakarta – The Constitutional Court (MK) issued a ruling Wednesday that will make it easier for lawmakers to impeach a president.
The court annulled a clause in the 2009 law on the People's Consultative Assembly, the House of Representatives, Regional Representatives Councils and the Regional Legislative Councils that says the legislature's constitutional right to express political opinions can only be carried out in a plenary meeting with at least three-quarters of the members in attendance and with approval from at least three-quarters of the lawmakers attending the meeting.
The court said the clause was against the 1945 Constitution, which stipulates that a legislative quorum was two-thirds of total lawmakers. "The article hampered the checks and balances function of the House of Representatives," court chief justice Mahfud MD told the hearing.
The House's right to express a political opinion is one of the required processes in a move to impeach a president or vice president.
The judicial review of the 2009 law was requested by three lawmakers, namely Bambang Soesatyo of the Golkar Party, Akbar Faisal of the People's Conscience Party (Hanura) and Lily Chodidjah Wahid of the National Awakening Party (PKB).
They were among five lawmakers who last year petitioned to impeach Vice President Boediono, who they said was responsible for the alleged illicit disbursement of Rp 6.7 trillion (US$743.7 million) in bailout funds to the ailing Bank Century in 2008.
A House inquiry into the bailout ended in a plenary meeting in February last year that concluded that the bailout was flawed and contained legal offenses in the processes. The five lawmakers used the conclusion as the basis for their impeachment move.
However, the move was eventually stalled due to the lack of political support in the House. Politicians at that time saw impeachment as an "impossible mission" due to the now annulled clause.
President Yudhoyono's Democratic Party has 148 lawmakers, or 26 percent of the total 560 legislative seats, meaning that in the past the party would need only to skip a plenary to prevent it from having three-quarters of the members in attendance as required by the clause.
"But after MK's ruling, it will no longer be impossible. The constitutional right to express a political opinion can be carried out with a plenary meeting attended by 360 lawmakers," Bambang said.
Deputy House Speaker Anis Matta from the Prosperous and Justice Party (PKS) also welcomed the ruling. "Now the chance to initiate an impeachment becomes bigger."
Under the 1945 Constitution, if the House conveys an official political opinion on this case, it would provide legal grounds for the Constitutional Court to decide whether the President or Vice President was guilty of breaking the law or of misconduct.
If the court declares the President or Vice President guilty, the impeachment move goes to a People's Consultative Assembly (MPR) plenary meeting, which must be attended by at least three-quarters of its members. The MPR consists of all lawmakers plus 132 regional representatives.
The impeachment then requires approval from at least two-thirds of the attending MPR members.
Indonesian Civilized Circle (Lima) director Ray Rangkuti said the lawmakers would likely use MK's ruling as a mere bargaining tool rather than a way to impeach.
Democratic Party chairman Anas Urbaningrum said he found no problem with the ruling. "Politics is not only about numbers or percentages but also rationality. I believe politicians will put the state's interest above all else," he told The Jakarta Post.