PERPU Calls For Tighter Requirements To Be Met By MK Judges

Jakarta, Oct 18 (Antara) - The new government regulation in lieu of law (Perpu) calls for tighter requirements to be met by candidates for Constitutional Court (MK) judges, an official said. The Perpu concerns mainly the mechanism of selecting MK judges, improvement in the system of controlling MK judges and additional requirements to be met by the candidates, Deputy Minister of Justice and Human Rights Denny Indrayana said in a written statement here on Friday. The Perpu signed by President Susilo Bambang Yudhoyono in Yogyakarta on Thursday, however, is yet to be approved by the House of Representatives. The Perpu is aimed to produce MK judges with higher quality, Denny said. Under the Perpu , the candidates must not be members of a political party at least for the past seven years, he said. The process of selecting and proposing a candidate must be transparent and improved, he said. Before being determined by the president, the candidate proposed by the Supreme Court (MA), the House of Representatives (DPR) and the president himself , must first undergo fit and proper test by a Panel of Experts to be formed by the Judicial Commission (KY). The Panel of Experts has seven members including one proposed by the MA , one by the DPR , one by the president and four selected by the KY based on recommendation of the public represented by former MK judges, community leaders , academicians in law and law practitioners. The Perpu proposes the setting up of a permanent MK Judge Honorary Council (MKHK) to improve and make more effective control system of MK by not contravening the independence of MK judges. The MKHK is to be formed by KY and MK with five members consisting of a former MK judge, a law practitioner , two academicians with one or both having law backgrounds and a community leader. The MKHK will have a secretariat at the KY to handle its administrative management. "It is dangerous if MK which has strategic authority to safeguard the state constitution, protect democracy and uphold the pillars of a constitutional state, has no longer full trust of the people, especially as next year in 2014 there will be festival of democracy, general elections," Denny said. "Therefore, it is important that MK is fully trusted in playing its role and for that, the right answer is Perpu," he added. In drafting the Perpu, the president involved a number of cabinet ministers, law experts, law practitioners and former HK judges. The Perpu initiative came following the arrest early this month of Akil Mochtar, the MK chief justice by the Corruption Eradication Commission (KPK). KPK caught Akil red handed receiving bribery at his house in Jakarta. The arrest of Akil has triggered big public uproar as MK has been considered to be clean and corruption free in this corruption infested country.