MK Must Weigh Substantive Justice

Jakarta, Sept 30 (Antara) - The Constitutional Court (MK), besides adhering to formal legality, must also weigh justice supported by facts while issuing a verdict on the Pilkada (regional election law) case later, stated an observer. "We hope the MK will look into the case carefully to see possible subjective political interest behind the passage of the Pilkada law," senior researcher from the Indonesia Public Institute Karyono Wibowo emphasized here on Tuesday. The House of Representatives (DPR) passed the Pilkada bill into law during the wee hours on Friday that will change the current system of direct election of provincial governors, district heads, and city mayors to the old system of indirect election by the legislative assembly (DPRD) members. However, the bill was passed only after members of the ruling Democrat Party decided to abstain from voting and indulged in strong debates. As a result of this decision, the party and its general chairman, President Susilo Bambang Yudhoyono, have drawn public criticism from various quarters. Some quarters have planned to file a lawsuit against the law. Karyono pointed out that the passage of the bill into law must be devoid of subjective interests to win power. He expressed hope that the MK would consider the facts before giving a ruling on the case. "People are waiting for the MK to demonstrate its wisdom in evaluating the advantage and disadvantage of the law," he affirmed. Karyono also called against any intervention in the proceedings of the MK. He noted that anyone may support the lawsuit, but it is the MK that will have the final say. "No one may intervene, including the president. What I know is there is strong rejection of the law in the community," he pointed out. "The ball is now in the hands of MK, and therefore, MK`s independence and integrity is now under test," he emphasized. In the meantime, Karyono stated that national political tension could flare up if a lawsuit is filed. "My prediction is that the lawsuit against the law will increase national political tension, and rejection from various components will be stronger," he added. Many community elements have expressed their support to the filing of the lawsuit by submitting their IDs and signatures. Karyono remarked that this is testament to the fact that most people have rejected the implementation of the indirect system. "Most people want direct election. I have an impression that if the regional heads are elected by the DPRD then collusion would happen between the candidates, political parties, and DPRD members," he noted.