No International Standard for Public Schools

Public Schools in Indonesia are built, maintained and funded by the government under coordination of the Ministry of Education.

In order to upgrade the quality of those schools, the Ministry of Education has allowed few of those schools to adopt international standard of education. Such schools are named Laboratory Schools.

Later on, some other public schools also adopted the international standard.

On 8 January 2013, the Chief of the Constitutional Court Mahfud MD announced the legal basis for such kind of schools i.e. Article 50  (3) of the National Education Law No. 20/2003.
Mahfud MD was quoted by JNN as saying that the purpose is connection with national character building i.e the use of the word "international" will erode the nation's culture and language. Besides, the existence of such schools will cause discrimination between such schools and ordinary public schools.
However, Mahfud acknowledged the need to learn the English language and the output of such schools are good quality students.

My understanding is that the above decision of the Constitutional Court is valid for the state control and subsidized public schools like the Laboratory Schools, BUT not for international standard Private Schools which never receive any support from the state.

Picture : International Education symbol courtesy of 123RF

What's Wrong with the Constitutional Court ?

I used to think that the Constitutional Court is the only state institution that can be relied by the people of Indonesia today.

The Court has made several breakthrough on legal matters which other law institutions in the country seems to be helpless, such as public broadcasting of secret phone conversations between Anggodo Widjojo, who was alleged of bribery and certain high ranking officials of the law enforcement agencies.

Many people have high hopes, that some of them want the Court's Chief i.e. Mahfud MD to run as candidate in the 2014 Presidential election.
 
Lately, the mass media reported about the falsification of a letter issued by the Constitutional Court regarding who's eligible to represent a region in South Sulawesi at the House of Representatives

The Chief of the Constitutional Court Mahfud MD alleged that the former member of the General Elections Committee  i.e. Andi Nurpati, currently Spokesperson of President SBY's ruling Democrat Party was involved in the said falsification. He also alleged that former Judge of the said Court i.e. Arsyad Sanusi was also involved in this case.

These allegations were denied by Andi Nurpati, her Party, and Arsyad Sanusi.

Arsyad even strike back by saying the this case is caused by the disorder in the administration of the Court, caused by Mahfud's lack of experience in working with the Court.

Meanwhile, The Jakarta Globe reported that on 21 June the House of Representatives has amended the Constitutional Court Law No. 24/2003 (here) that will significantly curtail the Court's authorities, including a restriction on issuing verdicts beyond what has been requested of it.

The Jakarta Post reported that the Court should limit its verdicts to declaring whether laws or articles ran counter to the Constitution, he added, and refrain from recommending alternative legislation.  It's Chief and Deputy Chief's office term would be reduced to two years and six months, from three years. And it's Judges must have an undergraduate degree in Law.

I hope that this case would be investigated thoroughly and those responsible to be processed in Court, so that the image of the Constitutional Court can still be maintained.

The KPK Chief will serve full term

The Chief of the Constitutional Court Mahfud MD announced yesterday that the Chief of the Corruption Eradication Commission (KPK) i.e. Busyro Muqoddas, should serve full 4-years term, not just one year as decided by the House of Representative when they elected him on December 2010.

The Court's ruling was made in response to the request the Legal Aid Foundation (LBH) and Indonesian Corruption Watch (ICW) that office term of the Chief of KPK should be 4 years as stipulated in Article 34 of the KPK Law.

I hope that with this ruling, the KPK would be more confident in fighting corruptions, and the government and its law enforcement agencies would always give their full support.

The Democrat Party and Nazaruddin

The ruling Democrat Party last night announced the dismissal of Muhammad Nazaruddin from his position as the party's Treasurer.

The party's senior official Amir Syamsuddin told the media that the decision was made in response to the growing rumors in society about Nazaruddin's involvement in several criminal allegations including an attempt to bribe the Secretary General of the Constitutional Court and receiving bribe from the contractor of the South East Asia Games 2011 Athletes Complex in Palembang, South Sumatera.  

He said that the allegations against Nazaruddin have grown so wide and might have great impact on the party as well as Nazaruddin himself. The dismissal would avoid the party from bad publicity related to this case, and would enable Nazaruddin to concentrate on defending himself against those allegations.

The party will leave it all to the law enforcement agencies to process this case, but request that any legal actions should be based on the principle of presumption of innocence.

In spite of the above, Nazarrudin shall maintain his status as a member of the House of Representatives.

Considering that until his dismissal last night Nazaruddin was the Treasurer of the Democrat Party whose duties includes getting, maintaining and spending money for and on behalf of the party, therefore it would not be easy to prove that he is the only one responsible for all the bad things alleged against him

Impeachment : a Myth or a Fact ?

                                      Chief Justice: Mahfud (Right) - Deputy A. Sodiki (Left)

On 12 January, the Constitutional Court has passed a decision that makes it much easier for the House of Representatives to make inquiries to the government, which may lead to the impeachment of the President and/or Vice President.

The Court annulled Article 184(4) of the Legislative Bodies Law No 27/2009 which stipulated that inquiries can be made if a meeting is attended by by 3/4 of the members and agreed by 3/4 of the attendance, and decided that 2/3 would be sufficient.

The Court's decision was made in response to the Judicial Review requested by some members of the House of Representatives and citizens on the grounds that the above Article was contradictory to the Constitution of 1945 which ruled that the meeting's quorum should be 2/3.

I hope that members of the House would use their rights wisely and only based on the laws, regulations and very best interests of the people of Indonesia, and not merely based on their selfish political goals.

I also hope that the President and Vice President would work properly much harder, smarter, based on the laws, regulations, and the best interests of the people so that they would not be impeached.

For details, please read the following articles :

- Court Cuts House Threshold Level for Impeachment (The Jakarta Globe)
- MK Nyatakan Jumlah 3/4 Kuorum .... Inkonstutusionil (Mahkamah Konstitusi)


Photo: Courtesy of Mahkamah Konstitusi

Death Penalty for Corruption Criminals

Chief Justice of the Constitutional Court Mahfud MD seems to be very sick and tired of the efforts that has been made to eradicate corruption in Indonesia that he proposed Death Penalty for those who are guilty of committing Crime of Corruption.

Please find below a news article that I have quoted from Kompas.

I hope that the Chief Justice's statement is sincere, not just some sort of lips service for whatever reason he may have.

Judge:

Indonesia Needs Death Penalty for Graft

Minggu, 17 Oktober 2010 | 02:27 WIB

Indonesian laborers burn an effigy of a rat symbolizing corruption during a May Day rally outside the presidential palace in Jakarta, Indonesia, on Saturday May 1, 2010. Tens of thousands of workers thronged the streets of Asian cities Saturday in annual May Day marches, demanding job creation and minimum wage hikes. Writings on the effigy say "Corruptors Regime".
 

JAKARTA, KOMPAS.com — Indonesia needs to follow China’s example and sentence officials convicted of corruption to death in order to stamp out massive graft in the country, a top judge said Saturday. Indonesia’s current sentences for corruption are too soft and do nothing to deter corrupt officials, said Mohammad Mahfud, the chief justice of the Constitutional Court.

Officials “are sentenced to only three to four year in jail, which is lighter than sentences given to petty criminals,” Mahfud said.   He advocated the use of a provision in Indonesia’s Anti-Corruption Law that allows judges to sentence convicts to death. It has never been used.

“In China, which carries out the death sentence for those convicted of corruption charges, there is a deterrent effect,” he said. “If death sentences were used in Indonesia for corruption, it would reduce the cases.”
     
China is trying to reduce the number of crimes that get the death penalty, but a legislator last month said China’s lawmakers have never considered dropping the death penalty for corruption. People convicted of corruption should be subject to harsh penalties, lawmaker Chen Sixi said in an online chat with citizens, according to the People’s Daily newspaper.
     
Indonesian President Susilo Bambang Yudhoyono has been widely credited for the success of an anti-corruption campaign that started after he took office in 2004. Scores of corrupt politicians, entrepreneurs and law enforcement officials have been tried and convicted, including the father-in-law of one of the Yudhoyono’s sons.

According to advocacy group Transparency International’s corruption index, Indonesia ranks 111th out of 180 countries.

No more Book Ban

Yesterday, the Constitutional Court passed a historical verdict which canceled a law that provides authority to the Attorney General to ban books and other printed materials.

According to the said Court, the Law No 4/PNPS/1963 regarding "Securing Printed Materials whose content might Disrupt Public Order" is contradictory to the Constitution of 1945.

It also ruled that the banning of printed materials should only be done through a Court's verdict.

Please find below a news article that I quoted from The Jakarta Globe.

This is really a Great News that provide great opportunity for Indonesian writers to make great writings.

Indonesian Attorney General Loses Power to Ban Books
Camelia Pasandaran, Heru Andriyanto & Ismira Lutfia | October 14, 2010

Jakarta. In a landmark verdict, the Constitutional Court on Wednesday struck out a law that gave the Attorney General’s Office the power to ban books, saying such power should rest with a judicial court. 

“The 1963 Law on Securing Printed Materials whose content could disrupt public order is against the Constitution,” court chief Mahfud MD said. “The law is no longer legally binding.” 

Justice Ahmad Fadlil Sumadi gave a dissenting opinion but his argument was not immediately clear. 

Muhammad Alim, another justice, said that in a state governed by law, confiscating or banning publications and books should be done through the process of law.   
Read more .....................

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.

Yusril and the Attorney General

On 24 June, the Attorney General Office (AGO) has named Former Minister of Law and Human Rights (1999-2004) Yusril Ihza Mahendra, and Hartono Tanusoedibyo the owner of PT. SRD, as Suspects in the alleged corruption case at the Department of Law and Human Rights.

The AGO alleged that Yusril had appointed, without tender process, PT. SRD to develop and administer
the Department's Legal Entity Administrative System (Sisminbakum) i.e. an online system for processing applications pertaining to the setting up and processing of Legal Entity. It was said that due to this fact the state has suffered financial losses amounting to Rp 420 Billion.


Earlier, the President Director of SRD Yohanes Woworuntu and 3 former Director Generals of the General Legal Administration i.e. Romli Atmasasmita, Syamsuddin Sinaga and Zulkarnain Yunus have been sentenced by the courts.  

On 1 July, Yusril came to the AGO, but he refused to be investigated because he claimed the the position of the present Attorney General Hendarman Supanji is ilegal. He said that Hendarman is part of the first Cabinet of President Susilo Bambang Yudoyono (SBY) that ended on 20 October 2009, after which Hendarman was not among those who were sworn in as Cabinet members. Due to this fact, the AGO's decision to name him as Suspect is also illegal.
Yusril also stated that the decision to name him as a Suspect is part of the government's efforts to divert people's attention from the Rp 6.7 Trillion Bank Century Bailout case.

On 6 July, Yusril requested the Constitutional Court to conduct a Judicial Review on Hendarman's legitimacy as Attorney General.

On 12 July, Yusril finally agreed to be questioned for four hours by the AGO. During a talk-show on TV-One that evening, featuring Yusril and several lawyers, it was revealed that the appointment of SRD was actually a business based on Build-Operate-Transfer (BOT) method in 2000, whereby SRD provide everything needed for the online system and operate it for 10 years. The profit is to be shared 90% for SRD and 10% for the Cooperative of the Dept. Law and Human Rights.  

Considering the above, I hope that the above case(s) would be processed thoroughly.

Sources for this post :
-  Yusril Ihza Mahendra's Website  
-  About Yusril Ihza Mahendra (Wikipedia)
-  Yusril dan Hartono TanoeTerancam Pasal Pidana Seumur Hidup (Detik)
-  Yusril : Hendarman Jaksa Agung tidak Sah (Tempo)
-  Kejaksaan Agung Bantah Hendarman Tidak Sah (Tempo)
-  Kisah Sisminbakum Nan Ruwet (BeritaSatu)
-  Siang ini Yusril Ajukan Judicial Review Status Hendarman (TribunNews)
-  Yusril : Sisminbakum Pengalihan Isu
-  Kasus Sisminbakum, 4 jam diperiksa, Yusril belum ditahan (Harian SIB)
-  Kasus Sisminbakum Belum Tutup Buku (Tempo)
-  Yohanes Woworuntu Bawa Kasus Sisminbakum ke KY (Kontan)

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.

Cigarette ads on TV

Everyday, cigarette producers have aggressively advertise their trademarks and/or service marks on Indonesian televisions i.e. by sponsoring various shows, especially Musical & Sports, watched by people of all ages.

This is possible because according to the Broadcasting Law No. 32/2002 Article 46 Paragraph 36c, commercial advertisements may be aired by electronic media as long as they don’t show cigarettes or people smoking.
This implies that it is okay to advertise trademark and/or service mark of the cigarette producers.

In order to minimize the negative effect of such commercial ads, on 29 January 2009, the National Commission for Children Protection, the West Java Children’s Protection Council, and two children Alfie and Faza filed a petition with the Constitutional Court to request for deletion of above article, saying that such cigarette advertisement could encourage children to start smoking

Unfortunately, on 10 September the Constitutional Court rejected the petition saying that it has no legal grounds because cigarette is a legal commodity therefore cigarette promotion should also be seen as a legitimate action.

For details, please click here, here, here and here.

I hope that the government would make efforts to minimize the negative effect of cigarette commercial ads on TV perhaps by limiting the time for such ads to be aired.

The Constitutional Court & Bloggers

On Tuesday, 5 May 2009, the Indonesian Constitutional Court passed a verdict which refused to cancel Article 27 Paragraph 3 of the Information & Electronic Transaction Law (ITE) No. 11 Year 2008 that has been requested by a Team consisting of Edy Cahyono, Nenda I. Fadhilah, Amrie Hakim, Indonesian Journalists Alliance (AJI), LBH Press & PBHI.

In a Press Release that I downloaded from the legal blog Dunia Anggara, the Team expressed its disappointment with the said rejection; however it also mentioned some points in the verdict which are noteworthy:
1) Art.27 (3) : is for crime that can only be processed based on complaint made by victim of defamation
2) Art.27 (3) : should be deemed similar to Art. 310 & 311 of the Penal Code, thus only the main Role Player can be implicated with this crime
3) Art.27 (3) : can only be used by individuals and not by legal entity
4) Art.27 (3) : acknowledged that blogs and bloggers have similar role as the press i.e. implementing people’s sovereignty based on principles of democracy, justice & legal supremacy
5) As far as public domain is concerned, and privacy is not disturbed, cyber communities are free to conduct social control.

In this regards, I would like to quote fellow blogger Ndoro Kakung who said that this verdict provide an advantage for bloggers in Indonesia compared to bloggers in Singapore, Malaysia and Myanmar.
However, as a citizen of our country we must use this advantage responsibly i.e. by respecting other people's privacy as well as the laws, regulations & customs/ traditions, so that peace and harmony in our society can be maintained.