Nicholas Jong, National – The Constitutional Court (MK) rejected on Monday a judicial review filed by a civil society organization that had sought to strip the House of Representatives of the authority to confirm candidates for the posts of National Police chief and Indonesian Military (TNI) commander.

The panel of judges said the requirement for the President to seek the House's approval when appointing the National Police chief and TNI commander was part of the process of checks and balances.

"The need for the President to ask for the House's approval as stipulated in Law No. 2/2002 on the National Police, No. 3/2002 on defense and No. 34/2004 on the TNI is not a contravention of the presidential system. This is actually part of the checks and balances mechanism as stipulated in the 1945 Constitution," judge Aswanto said while reading the verdict at the court in Central Jakarta.

Earlier this year, legal experts and activists filed a judicial review, challenging provisions that stipulate the House must approve the President's nominees for National Police chief and TNI commander, following a conflict between the Corruption Eradication Commission (KPK) and the National Police.

The conflict stemmed from President Joko "Jokowi" Widodo's choice of Comr. Gen. Budi Gunawan as the sole candidate for National Police chief after the KPK named Budi a graft suspect. Despite Budi's status as a graft suspect, all 10 factions at the House endorsed Budi's nomination in a plenary session presided over by Deputy House Speaker Taufik Kurniawan.

Fearing that the requirement for the President to seek the House's approval could put undue political pressure on the President, the plaintiffs filed the judicial review, arguing that Article 11, paragraph 1 of the 2002 National Police Law, which states that a police chief is appointed and dismissed by the President with the approval of the House, violated the Constitution.

According to former deputy law and human rights minister Denny Indrayana, who filed the judicial review, the provision violated the presidential system. He argued that restoring the President's prerogative to select the police chief and TNI commander would help prevent political lobbying.

However, the panel of judges said that while the President had the prerogative to appoint his Cabinet, when it came to appointing government officials to strategic positions such as the National Police chief and TNI commander, it would be better for him to consult with the House.

"Another thing that needs to be considered in appointing government officials who hold strategic positions is the accountability aspect, which can be done by asking for recommendations and/or approval from the House of Representatives," Aswanto said.

The panel of judges said the House played an important role in achieving a transparent, accountable and participative recruitment process for the National Police chief and TNI commander.

"In this way it can choose a government official who really has integrity, capability and leadership, as well as being acceptable in helping the President run his or her government," said Aswanto.

Another judge, Patrialis Akbar, admitted that the Constitution did not explicitly stipulate the President's prerogatives in appointing government officials, discussions on the revision of the Constitution at the House had focused on the issue, among other matters.

Source: http://www.thejakartapost.com/news/2015/12/08/mk-upholds-house-s-right-approval.html