By: Firdaus ArifinWriter: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: The Daily Pikiran Rakyat, 06 Desember 2006.
AFTER time polemical and controversial end, the fate of six candidates for Supreme Court Justices who filed by the Judicial Commission (KY) to the House of Representatives (DPR) at the beginning of November last (6 / 11) found a bright spot. Parliament based on the decision of the Council Board Meeting (Bamus), chose to delay his execution process of "fit and proper test" for Supreme Court Justices six candidates proposed by KY and return the name of six candidates to the KY Supreme Court Justice.
In addition, the Parliament also asked to KY to add twelve Supreme Court Justices a candidate again so that the total number of candidates for Supreme Court Justices eighteen people. After that, the House will choose six Supreme Court Justices (Kompas, 22/November/2006).
Thus practically can not be said that the House rejected six candidates for Supreme Court Justices KY filed by six people but to accept candidates for Supreme Court Justices, but by delaying entry while the implementation process of the fit and proper test to the number of eighteen candidates for Supreme Court Justices are met.
If we listened back, after the surrender of six names candidates for Supreme Court Justices that are the result of selection performance of the early stages of recruitment to the Parliament KY, least developed among the three options in addressing the House of Representatives of six candidates for Supreme Court Justices who filed by KY. The third option is, first rejected as a whole six candidates for Supreme Court Justices who filed to KY KY House of Representatives and ask for re-recruitment selection of candidates for Supreme Court Justices.
Second, delay implementation of the fit and proper test and return the names of six candidates to the KY Supreme Court Justice added as needed to the Supreme Court (MA) through the selection of Supreme Court Justice candidate recruitment second phase. Third, the House received six candidates for Supreme Court Justices filed by KY to then proceed with the fit and proper test to select two of the next Chief Justice will ask the president to set.
However, the development of the selected final position on the fate of six House candidates for Supreme Court Justices who filed KY is choosing to take the second option, which is delaying the process of fit and proper test and return the six candidates for Supreme Court Justices has become eighteen candidates for Supreme Court Justices . When examined attitudes elected by the Parliament is right and true.
This is because referring to the juridical basis as stipulated in Article 18 paragraph (5) of Law No. 24 of 2004 concerning the state Judicial Commission, Judicial Commission to establish and submit 3 (three) the names of candidates for Supreme Court Justices to the House for every 1 (one) vacancy for Supreme Court Justices.
Related to the attitude of this House, in writing "Justice Recruitment" (Mind People, 21/11/2006) writers can already predict, that the results obtained KY in the selection of candidates for Supreme Court Justices will reap the early stages of a negative response from many quarters including the House of Representatives . The reason is that first, minimal number of candidates for Supreme Court Justices that produced by KY and not in accordance with the quota requirements in the Supreme Court Justices. Second, no candidate berimbangnya Justice composition produced by KY between career judges and non-career judges or academics. Third, the most highly controversial from KY performance results in the selection process for Supreme Court Justices the candidates first is the escape of candidates for Supreme Court Justices are a suspect.
Currently, based on the results of the Parliament's decision Bamus meeting as described above, almost certainly KY will hold back the candidate recruitment selection process for Supreme Court Justices. The process of recruiting candidates for Supreme Court Justices who will do the recruitment selection process for Supreme Court Justices volume II. We expect the candidate selection process for Supreme Court Justices volume II can be realized by KY. There are several considerations and arguments that can be raised why the selection process of recruiting candidates for Supreme Court Justices volume II becomes very urgent to be implemented by KY.
Some of these considerations and argumetasi namely, first, limit the time given to the KY House of Representatives to complete the lack of candidates for Supreme Court Justices as many as two dozen people is very limited. As we know based on the results of the consultation meeting and the KY House of Representatives, the House agreed that only allow time for four months for KY to complement the shortcomings of twelve candidates for Supreme Court Justices.
Second, the emptiness of the function and position of the current Supreme Court Justices in the Supreme Court must be filled to the performance of MA may be running normally again. MA can be completed so that all the piles of case that is currently the main problem for this and the Supreme Court can serve the people seeking justice (justiciabelen) with a maximum. Third, to accelerate the regeneration of the existing Supreme Court Justices Supreme institutions, because now some people are almost Court Judge will retire. In addition, regeneration of the Chief Justice to be worthy thing to note in order to continue the leadership baton in the institution that is the culmination of the judicial power in Indonesia.
Now, before hiring the candidate selection process for Supreme Court Justices vol II, there are some very important things to be noticed by KY to poor results obtained in the selection of justices recruitment early stage does not happen again. Some of this is, first, in addition to repairing and re-design to a variety of weaknesses in the recruitment mechanism in the early stages, KY in the quest for the Supreme Judge candidates have to keep referring to and in accordance with the criteria set forth in Article 24A Paragraph (2) of the 1945 Constitution , that is to have integrity and a personality that is not dishonorable, fair, professional, and legal experience.
Is not the authority of the judiciary's credibility also requires personal and institutional moral integrity. Therefore, the standard qualifications necessary intellectual ability of judges regarding the scientific spirit, passion innovation, and mental toughness. For that one act that should be done is to trace KY track record (track record) of the candidates for Supreme Court Justices.
Second, KY should be able to build communication and good coordination with the stakeholders in this House and the Supreme Court in order to prevent misunderstandings (misunderstanding) between KY, MA, and House of Representatives. Because after all candidates for Supreme Court Justices KY product will be fit and proper test by the House and its user is MA.
Third, KY must consider the type of vacancy and quota requirements for Supreme Court Justices in the Supreme Court today. As presented by the Chairman of the Supreme Court Bagir Manan, currently requires six Supreme Court Justices with the details, four general criminal judge, a judge of religion, and a state administrative judge (TUN) (Media Indonesia, 21/November/2006).
Fourth, KY must also consider the balance of the composition of the existing Supreme Court Justices in the Supreme Court. Currently, the Supreme Court Chief Justice composition derived from non-academic careers or have had enough, there was recorded fourteen Supreme Court Justices. In addition some Supreme Court Justices who will retire entirely the Supreme Court Justices from nonkarier judge. Thus the main priority in the selection KY Supreme Court Justice rektumen volume II is to produce candidates for Supreme Court Justices who came from the judge's career. Does not Article 7 paragraph (2) letter a of Law No. 5 Year 2004 on the Supreme Court stated that Supreme Court justices from high court judges over the age of 50 years and when needed just captured from the non-career.
Fifth, KY should be able to make savings on the budget and operational costs in the candidate selection process for Supreme Court Justices volume II. It is true, to make law enforcement agencies (read: Chief Justice) of good quality in terms of moral and not a few scientific cost (cost) that must be removed. But that does not mean KY can not minimize the cost. The last thing is very important associated with the cost in use is KY must provide accountability reports to the public in an honest and trasparan.
If five of these situations not addressed by KY is not impossible, future results of the recruitment selection candidates for Supreme Court Justices volume II, not a solution to the vacuum a number of positions in the Supreme Court Justices, in fact become a new problem for the MA. We hope the selection of Supreme Court Justice candidate recruitment volume II by KY to meet the expectations of Indonesian society and the international community. In addition candidate recruitment selection process for Supreme Court Justices is a process that needs to monitored. Since the selection of Supreme Court Justices must be seen as a process that determines success or failure of the judicial reform agenda coveted many circles. Finally, the message can be delivered to KY before the selection of Supreme Court Justice candidate recruitment volume II which would soon take place, do not disappoint the public expectation for the second time and good luck.
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