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Akil Mochtar, who has just resigned as chief justice
of the Constitutional Court, has been arrested by the Corruption Eradication
Commission (KPK) for allegedly receiving bribes associated with the regional
election of Gunung Mas in Central Kalimantan and Lebak in Banten. This shocking
tragedy shows how the Court’s extraordinary power could become a disaster if
not filled with capable judges of the highest integrity.
The Constitutional Court achieved a remarkable reputation under the leadership of professors Jimly Ashiddiqie (2003-2008) and Mahfud MD (2008-2013). Amid a corrupt legal system, the Constitutional Court ruled many progressive verdicts, and was cited for its best practices among the world’s constitutional courts.
With its record in upholding the constitutional rights of every citizen to request judicial reviews of laws, the recent arrest could devastate the achievement of the two earlier periods of leadership.
Since the direct local election was introduced in 2001, instead of successfully bringing back power to the people, the election became the tightly contested arena of power and money among candidates and political parties. Judicial bodies became the state agencies contaminated with their interest to win an election.
According to research conducted last year by the national NGO, HuMa, the parties seeking justice at the Court were mostly politicians (48 percent), confirming that the Court has become the main arena among politicians to seek power.
A few weeks ago, a member of the Judicial Commission had revealed a legislator had tried to bribe him to help his preferred candidate pass the selection for Supreme Court judge, which shows that public officials including judges are vulnerable to bribery.
It is necessary to find out the root cause of the problem. Among other things, it is the power of the House to select members of state agencies, such as the Constitutional Court. Consequently, instead of selecting the proper and capable candidate, legislators tend to seek those with similar political leanings.
As a result, political deals during the selection would hinder the main duty of supposedly impartial and independent public officials. Therefore, it’s time to evaluate the power of the House of Representatives to select members of state agencies — especially ahead of next year’s general election.
The role of state auxiliary agencies such as the Constitutional Court, the KPK, and the human rights commissions, which are crucial in the nation’s transition toward good governance and democracy, the auxiliary agencies are tasked to control and monitor the law enforcement institutions of the police, prosecutors, and judiciary — which have largely failed to meet public expectations. Therefore members of such state agencies need to be the most capable and strongest in terms of integrity.
For that reason, the selection and election of the state agency members should be done by an independent team. Eliminating the role of the House in selecting members of state agencies is only one way to improve the agencies integrity and credibility.
There are many other ways that should be implemented simultaneously, among others, creating a powerful monitoring system and control system within and outside of the state agencies to avoid power abuse.
The role of communities and civil society groups are vital and strategic as public watchdogs that constantly monitor the performance of state agencies.
The arrest of the chief justice of the Constitutional Court definitely caused widespread shock and anger. However, we must save the Court as it is the nation’s asset. The Court must be blocked from those only seeking to pursue power and money.
As a guardian of the Constitution, the Constitutional Court must swiftly provide evidence to regain public trust that it is still an independent and credible body. For the Court not only serves to uphold the rule of law; it is also the nation’s moral guardian. ●
The Constitutional Court achieved a remarkable reputation under the leadership of professors Jimly Ashiddiqie (2003-2008) and Mahfud MD (2008-2013). Amid a corrupt legal system, the Constitutional Court ruled many progressive verdicts, and was cited for its best practices among the world’s constitutional courts.
With its record in upholding the constitutional rights of every citizen to request judicial reviews of laws, the recent arrest could devastate the achievement of the two earlier periods of leadership.
Since the direct local election was introduced in 2001, instead of successfully bringing back power to the people, the election became the tightly contested arena of power and money among candidates and political parties. Judicial bodies became the state agencies contaminated with their interest to win an election.
According to research conducted last year by the national NGO, HuMa, the parties seeking justice at the Court were mostly politicians (48 percent), confirming that the Court has become the main arena among politicians to seek power.
A few weeks ago, a member of the Judicial Commission had revealed a legislator had tried to bribe him to help his preferred candidate pass the selection for Supreme Court judge, which shows that public officials including judges are vulnerable to bribery.
It is necessary to find out the root cause of the problem. Among other things, it is the power of the House to select members of state agencies, such as the Constitutional Court. Consequently, instead of selecting the proper and capable candidate, legislators tend to seek those with similar political leanings.
As a result, political deals during the selection would hinder the main duty of supposedly impartial and independent public officials. Therefore, it’s time to evaluate the power of the House of Representatives to select members of state agencies — especially ahead of next year’s general election.
The role of state auxiliary agencies such as the Constitutional Court, the KPK, and the human rights commissions, which are crucial in the nation’s transition toward good governance and democracy, the auxiliary agencies are tasked to control and monitor the law enforcement institutions of the police, prosecutors, and judiciary — which have largely failed to meet public expectations. Therefore members of such state agencies need to be the most capable and strongest in terms of integrity.
For that reason, the selection and election of the state agency members should be done by an independent team. Eliminating the role of the House in selecting members of state agencies is only one way to improve the agencies integrity and credibility.
There are many other ways that should be implemented simultaneously, among others, creating a powerful monitoring system and control system within and outside of the state agencies to avoid power abuse.
The role of communities and civil society groups are vital and strategic as public watchdogs that constantly monitor the performance of state agencies.
The arrest of the chief justice of the Constitutional Court definitely caused widespread shock and anger. However, we must save the Court as it is the nation’s asset. The Court must be blocked from those only seeking to pursue power and money.
As a guardian of the Constitution, the Constitutional Court must swiftly provide evidence to regain public trust that it is still an independent and credible body. For the Court not only serves to uphold the rule of law; it is also the nation’s moral guardian. ●
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