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House ruling restricts Constitutional Court's authority

Source
Jakarta Globe - June 21, 2011

Anita Rachman – The House of Representatives on Tuesday passed an amendment to the 2003 Constitutional Court Law, officially limiting the court's authority in the future to verdicts that are non ultra petita, or not beyond the request.

Achmad Dimyati N, the deputy chairman of the House Legislation Body, told the plenary session that the Constitutional Court was not an active legislator, but rather "a negative one."

As well as forbidding the court from issuing ultra petita verdicts, those "beyond the request", it also ruled against the court changing articles in a law. Therefore, the court can throw out an entire law or annul certain articles, but not clarify the regulation in question.

Lawmakers had argued that the court, headed by the outspoken Mahfud MD, at times had gone beyond its basic mandate. Thus, they claimed that the amendments were only efforts to draw a clearer line of who could legislate.

Dimyati also mentioned that the judges would serve for 2 years and six months in the court and were required to hold masters degrees of doctorates in law.

"The age range for the court's judges is 47 years to 65," Dimyati said. Court's judges will retire when they are 70 years old.

Dimayati said that the Honarary Council for the court would consist of five elements – the Supreme Court, Judicial Commission, Constitutional Court, House of Representatives and government.

Justice and Human Rights Minister Patrialis Akbar the council was expected to monitor judges at the Constitutional Court. "This composition is meant to keep the balance, professionalism, and fairness," he said. "Every institution must be monitored."

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