Sunday, November 8, 2009

The Chief of the Constitutional Court

Last Tuesday, the Constitutional Court (MK) held a public session of the Judicial Review on the Corruption Eradication (KPK) Law No. 30/2002 Article 32 requested by suspended KPK Vice Chairmen Bibit Samad Rianto and Chandra Hamzah.

The session was very special because MK disclosed a six hours recording of phone conversation between those who were involved in the alleged conspiracy to criminalize the KPK.

After the session, President Susilo Bambang Yudoyono (SBY) ordered anyone whose names were mentioned in the said recording to step down from their official positions. As a result, Chief of Police Investigation Agency Com. Gen. Duadji & Vice Attorney General A.H Ritonga have stepped down from their offices.

The disclosure of above recording can only be carried out because of the persistent decision of MK's Chief Prof. Dr. Mahfud MD. and full support of all Constitutional Judges to preserve justice.

Considering the above, many people have been very grateful at Dr. Mahfud MD. This morning, I read an article about him on Kompas Newspaper in which he emphasized that MK will enforce Justice as a combination of written Law and Common Sense. Here is his brief biodata :
Professor Dr. H. Mohammad Mahfud Mahfuddin, SH.,SU., born in Sampang, Madura, East Java, 13 May 1957, married to Zaizatun Nihayati, SH. with three children.
He became Chief of the Constitutional Court on 1 May 2008. Before that he was the Minister of Defense (2000-2001), Minister of Law (2001), member of House of Representative (DPR) from the Nation Awakening Party (PKB). On top of that, he still teach at the Universitas Islam Indonesia (UII) Yogjakarta.

Considering the above and the fact that most of Indonesia's current leaders are getting very old, I believe that Prof. Dr. Mahfud MD.(52) can be considered as one of the potential top leaders in the future.

Photo: Coutesy of Wikipedia.


Julong said...

Various information,i like to read your articles.

H. Nizam said...


Thank you. I am happy that you like my blog.

Willow and Wattle said...

Great post!

H. Nizam said...

Willow and Wattle,

Thank you. It's good to see you again.

Edwin's Personal Blog said...

Good belief. A clean and determined man deserves to be crowned a president in the future...

H. Nizam said...


Yes, we really a clean and determined man to be our next president.

Rob Baiton said...


I think (personal belief) that one needs to be wary of common sense. Common sense is subjective and not objective, and can therefore be a little bit dangerous if judges start making decisions based on their common sense.

For example: the US constitution and the right to bear arms.

Common sense would say that with the number of deaths resulting from gun related violence that it is necessary to eliminate the right to bear arms for all but police officers and armed forces personnel (I am sure that there are arguments for and against the proposition here - just Devil's Advocating it a little bit).

What do you think would happen if the US Supreme Court made a decision based on common sense in this regard?

H. Nizam said...


I agree that "common sense" is subjective, but it would be different if common sense is used in combination with implementation of the law.

For example Anggodo was not named as defamation suspect although the recording mentioned him saying that SBY is involved, because the police thought that Anggodo say it only to one person not to a crowd.
If common sense is used, the police should also consider that disclosure of recording has made the conversation exposed to public.

colson said...

The majority in Parliament, the Attorney General's Office ánd the Police seem to have united against KPK. But the Constitutional Court had the guts to back the committee.

It's decision is remarkable, to say the least. Factually it means it payed service to public transparency ( perhaps at the cost of slightly bending the rules; which at the stage the judiciary is in, might not be a bad idea in as long as it is an exemption dictated by the current exceptional circumstances) and by it's decision the Police and AGO have been seriously rebuked.

I think it's admirable. It offers the president an opportunity to get out of his hiding.

H. Nizam said...


As mentioned by its chief, the Constitutional Court allowed public disclosure of the recording merely as a Shock Therapy for corruption problems in Indonesia which have reached a very terrifying condition.
Otherwise settlements would be not different previous ones. Such brave action is needed right now.
Especially when most officials, incl. newly elected members of house of reps. supported those who were against KPK.