Camelia Pasandaran – Concerns have been raised about the consideration given to the appointment of two Constitutional Court judges, both of whom have strong Islamic backgrounds, who were sworn in at a ceremony at the Presidential Palace on Thursday.
Ahmad Fadhil Sumadi, former deputy head of the Religious High Court in Yogyakarta, replaces Maruarar Siahaan, the court's only Protestant Christian, while lawyer Hamdan Zoelva, deputy head of the Islam-based Crescent Star Party (PBB), takes the seat of career judge Abdul Mukhti Fadjar.
Ahmad was selected by the Supreme Court, while Hamdan was chosen by President Susilo Bambang Yudhoyono, who attended the inauguration ceremony.
Maria Farida Indrati, a Catholic, is the only woman and non-Muslim left on the court. She has praised Maruarar and Mukhti for their liberal and democratic views. There are a total of nine Constitutional Court judges chaired by Mahfud MD, a highly respected member of Nahdlatul Ulama, the nation's largest Islamic organization.
Constitutional law expert Refly Harun of the Center for Electoral Reform, played down the religious significance of the new judges' backgrounds, saying, "I don't think the religious background will have an influence on the court's rulings."
He said former Constitutional Court chief Jimly Asshidiqie, for example, had a strong religious background but was an ardent backer of pluralism.
"The two newcomers will in the end be influenced by the way of thinking of the other judges," he said. "They will base their rulings solely on the Constitution."
Refly did, however, raise concerns about the apparent lack of thought that had gone into the appointments to the court, which has recently become a key supporter in the fight against corruption and a major critic of poor legislation often passed by the House of Representatives. The court is currently considering challenges to the controversial Anti-Pornography Law.
"I worry about the selection method as it seems the selection was not carried out seriously – without proper consideration as to who should replace two respected judges," Refly said.
Hamdan's appointment increases the number of judges from political parties to a total of three.
"What's most important is that the court judges are independent, holding to the principle of impartiality," Hamdan said. "As long as judges are free from political party interests or other affiliated influences, the decisions will be alright.
"The ruling of the judges will influence the future of the nation. I will be responsible both to God and to Indonesia."