PERPU MK Has Come Too Late: Law Professor

Jakarta, Oct 18 (Antara) - The government regulation on Thursday on the law on Constitutional Court (Perppu MK) has come too late, said Professor Yusril Ihza Mahendra. "It is too late now. Akil Mochtar (MK Chief Justice) has been under arrest since October 2. The lapse of two weeks has reduced the urgency (of the regulation), considering the case was the basic reason behind its issuance," he said here on Friday. President Susilo Bambang Yudhoyono issued Perppu Number 1,2013, on the second amendment of Law Number 24, 2013, on Constitutional Court (MK) on October 17. The president said he had enough Constitutional reasons to issue the Perppu to help MK regain the public`s trust after the recent arrest of its Chief Justice, Akil Mochtar, over alleged bribery cases. He said it will be dangerous if MK - which holds a strategic authority to guard the state`s constitution, democracy, and uphold the state`s pillars - loses public trust. Over the past two weeks, the MK has already undertaken steps to regain public confidence, observed Yusril, who is a former minister of justice. This has been a result of the tough stance adopted by the Corruption Eradication Commission (KPK), the National Narcotics Agency, the Financial Transactions Analysis and Reporting Center (PPATK), and the Ethics Council in dealing with Akil Mochtar`s case. Meanwhile, the remaining eight MK justices, led by the MK Deputy Chief Justice, have made serious efforts to restore public trust through their work. "I was one of those who had expressed their agreement to the President`s issuing a Perppu one or two days after the KPK arrested Akil Mochtar," Yusril said. When Akil Mochtar was arrested, people`s trust in the institution had been shaken severely, he noted. "In the event, it became urgent that the President issue a Perppu to restore public trust," he said. A crisis of trust developed following Akil Mochtar`s arrest as justices have never been supervised, he added. "Therefore, had the President issued a Perppu immediately to supervise MK justices, public trust could have been restored immediately. Those demanding justice would have no doubt about the institution as the urgent problem of supervision would have been solved. So I had suggested that the Perppu must only contain that item and not others," he said. Regarding the system of recruitment of MK justices and its requirements, Yusril said they need not be included in the Perppu as the President can propose a Bill for that to the House of Representatives. Although he is critical of the timing of the issuance of the Perppu and its contents, the Perppu is legal now, Yusril said. "It binds everyone until the time the House of Representative decides otherwise," he explained. Meanwhile, MK Deputy Chief Hamdan Zoelva said the Perppu outlines no immediate requirements that need to be fulfilled by the institution. "There is nothing urgent in the provisions of the Perppu that we have to follow up now. Based on the Perppu, the existing Ethics Council is still allowed to carry out its tasks while the issue of recruitment of justices is beyond our jurisdiction," he told newsmen at the MK Building here on Friday. Hamdan said he would not comment on the Perppu because it has the potential to be judicially reviewed and MK will refer it to the House of Representatives. "The Perppu has the potential to be judicially reviewed. Therefore, I would not like to give any opinion about it now. This is because if I do, people will think the MK has already formed an opinion and the result is predictable. I would not like the people to think like that and make people hesitate to ask for a judicial review. Let its process go," he said. The Perppu signed by President Yudhoyono on Thursday evening covers three main issues, namely requirements for the recruitment of MK justices, and recruitment mechanism and supervision of MK justices.