Wednesday, September 22, 2010

The Attorney General's Term

Today, the Constitutional Court made a confusing ruling on the office term of the Attorney General (AG) Hendarman Supanji.

On the one hand the Court ruled that the AG's term should ended along with the end of first term of President Susilo Bambang Yudoyono and his Cabinet last October.

But on the other hand, the Court ruled that any decisions made by said AG prior to this ruling, will remain valid.

The ruling itself was made in response to the challenge on Hendarman's position as AG by former Minister of Justice Yusril Ihza Mahendra who was charged last June by the AGO in a Corruption case pertaining to a setting up of a Website at the Ministry of Justice. 

After making the announcement, the Chief of the Constitutional Court Mahfud MD told reporters that the confusion occured because the Attorney General Office Law Article 22 does not provide certainty on the AG's office term, therefore the law must be reviewed. He added that the prosecution against Yusril is legally valid therefore should be continued.
 
This ruling has obviously made Yusril very happy.

Considering that the Attorney General is the highest legal prosecutor in this country, I hope that President would immediately make a decision to solve this matter i.e. either to reinstate Hendarman as AG or find another person to take the job.

Related media reports :
-   Surprise Ruling Sees Attorney General Lose Job (The Jakarta Globe) 
-   Benny : President Harus Segera Bersikap Soal Jaksa Agung (Tempointeraktif) 

Photo: Courtesy of Kompas.

8 comments:

colson said...

If this is confusing to Indonesians, it definitely is to amateur observers like me.

Elsewhere I read new top-dogs are about to be appointed for KPK, Police and AGO. Which could be the start of a huge clean up - or regression to the old days...

So it looks like a 'to be or not to be'-moment for anti corruption policies

Kiwi Riverman's Blogesphere said...

Some clarity is needed, perhaps.

Wind said...

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wind

Rob Baiton said...

@ Harry...

When I read through the decision I could not help but smile and break out into laughter (I was wondering whether that made me crazy).

The decision and the dissenting opinions combined with the after court mumblings of the Chief Justice have served to cloud rather than clarify what should happen next.

The current Constitutional Court has lost its way a little bit since the change of Chief Justice.

I am sure that this makes Yusril only partially happy because if my understanding is correct the MK went to great lengths to make sure that the decision is effective from the date / time it was issued. This means that all decisions made by the AG prior to the decision are sound, this would include determinations made regarding how to proceed against Yusril.

Ho hum...

H. Nizam said...

@Colson,
You are right it is like in Hamlet's play " to be or not to be ", partly caused by lack of ability to make quick and correct decisions.

@Peter/Kiwi,
Yes, some clarity is really needed

@Wind,
Thank you for dropping by. I am always glad to see you.

@Rob,
The prosecution against Yusril will carry on. Because according to MK any decisions made by the AG prior to the MK's decision, incl Yusril, remain valid.
About the Chief Justice:
Unlike his predecessors, Mahfud MD is a politician (member of PKB).
Some political observers recently suspected his recent approach to Golkar Party as an effort to prepare for the 2014 elections.

Family law said...

On a tv program, although MK had made decision, Hendarman Supanji's profesion was still debated by a parliament member.. It's not Hendarman's false. He just obey President.

H. Nizam said...

Family Law,
I am very glad to know you. Thank you very much for your comment.
I agree that at that time Hendarman was only obeying his boss the president. This is proven that he gladly stepped down after he was dismissed.

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