Arghea Desafti Hapsari, Jakarta – The legitimacy and legal power of the judicial commissioners may be called into question by the judges they supervise as a presidential regulation extending their tenure lacks legal basis, one judiciary watchdog says.
An activist from the Judiciary Watchdog Coalition, Asep Rahmat Fajar, on Monday expressed concern over the commission's authority to summon judges suspected of having committed violations.
"A presidential regulation needs a juridical ground, which means it should have been stipulated in the [2004 Judicial Commission] law that issuing such a regulation is possible. But there is no room for that in the law," Asep said.
Six judicial commissioners on Monday started the first day of their second tenure after last week President Susilo Bambang Yudhoyono issued a regulation extending their tenure until a selection committee completes the process of selecting new blood for the commission.
The commissioners' tenure expired on Aug. 2 but the committee has yet to conclude the selection process. The committee will accept candidacy registration until Aug. 9, the deadline has been extended twice due to a lack of applicants and delays in budget disbursements.
Asep said the government should have opted for revising the law to regulate on the extension of the commissioners' tenure.
Judicial Commission chief Busyro Muqoddas said he would not enter the debate. "It is outside of the commission. We don't have problem with [the presidential regulation], we'll just do [our duty]," he said at an event commemorating the commission's fifth anniversary.
He proposed turning the commission into a judicial court with the authority to supervise not only judges, but also the police, prosecutors and members of the Corruption Eradication Commission (KPK).