Finding Statespersons

Two constitutional justices are ending their terms in 2020. A decision will have to be made on who are to replace them as the Constitutional Court (MK) will not be able to work without a complete set of justices.

KOMPAS/WAWAN H PRABOWO

Candidates for a Constitutional Court (MK) justice spot take the stage for a screening at the Education and Training Center of the State Secretariat, Cipete, South Jakarta, Monday (2/11/2019).

Law No. 8/2011 on the amendment of Law No. 24/2003 on the MK stipulates that the MK has nine constitutional justices appointed by a presidential decree (Keppres) after they are picked by the President, the House of Representatives or the Supreme Court (MA). Constitutional justices serve a maximum of two five-year terms.

Constitutional Court Justice I Dewa Gede Palguna, who was picked by President Joko “Jokowi” Widodo, will end his term on 7 January 2020. Palguna cannot be reappointed as he has served two terms (Kompas, 2/12/2019). MA-picked Justice Suhartoyo will also end his term on 7 January 2020 but he has just served one term at the MK.

President Jokowi has established a selection committee (Pansel) to choose constitutional justice candidates. At least 17 candidates have registered, although not all of them are participating in the selection process. The selection committee, chaired by former MK deputy chief justice Harjono, will pick three candidates and the President will appoint one to be a constitutional justice. The MA has its own mechanism for determining its constitutional justice candidates.

In line with the MK law, constitutional justices have tougher job requirements compared to other public officials. Article 15 of Law No. 8/2011 stipulates that constitutional justices must have integrity, untainted personality, a sense of fairness and be a statesperson with deep understanding of the Constitution and state administration. He or she must also have a either a doctorate or Master’s degree with a undergraduate education in law and have 15 years of working experience in legal affairs. He or she must never have spent time in jail and not be in bankruptcy.

KOMPAS/WAWAN H PRABOWO

The chairman of the Selection Committee for Constitutional Court (MK) justice candidates, Harjono (center), accompanied by two members of the Pansel Prospective Constitutional Court, justices Maruarar Siahaan (left) and Edward Omar Sharif Hiariej (right), gives an introduction before the start of the MK justices selection test at the Education and Training Center of the State Secretariat, Cipete, South Jakarta, Monday (2/11/2019).

Of Indonesia’s population of 267 million people, there are not many who fulfill all the requirements to be constitutional justice candidates. The requirements are even harder to fulfill as many are looking for statespersons to fill justice positions at the MK. According to the Great Dictionary of the Indonesian Language of the Language Center (KBBI), a statesperson is someone skilled in state affairs, state administration and a visionary political leader who adheres to principles of state policy and is able to manage state affairs with wisdom and authority.

The MK has fallen to its lowest point when constitutional justices are far and away from being statespersons by getting mired in corruption cases, as in the case of Akil Mochtar in 2013 and Patrialis Akbar in 2017. Both are constitutional justices picked by the House and the President. Rumors circling constitutional justices have led to plummeting public trust in the institution.

If the MK’s dignity is to be preserved, the President and the MA must choose the right statespersons. Listen to the people with clear hearts and minds, with a high degree of attention and care, and do not pick the wrong persons for the job.