Reflection of 2007 and Projection of 2008

The Constitution Court held a press conference to discuss the annual report with the theme of “Refleksi 2007 dan Proyeksi 2008” or (Reflection of 2007 and Projection of 2008), Thursday (3/1), at the panel court room of the Constitution Court.

The press conference was attended and chaired by the Chief Justice of the Constitution Court, Prof. Dr. Jimly Asshiddiqie, S.H. accomapnied by Vice Chief Justice of the Constitution Court, Prof. Dr. Laica Marzuki, S.H., Constitution Justice Soedarsono, S.H., Constitution Justice Lieutenant General (Ret) H. Achmad Roestandi, S.H., General Secretary of the Constitution Court, Janedjri M. Gaffar, and Clerc of The Constitution Court, H. Ahmad Fadlil Sumadi.

Opening his speech on the report, Chief Justice expressed his condolescence for the victims of the natural disasters taking place in many places in Indonesia. “We would like to say our deepest condolescence for the fatality victims. For the injured people and those who lost their valuable belongings, we send our sympathy and pray for them to always be given patience throughout the disasters. May things be better in 2008,” said Jimly.

The press conference, continued Jimly, was held as a form of The Court’s responsibility for public. Besides that, Jimly also stated that in 2008 nine Consitution Justices would complete their duties. “Constitution Justice Roestandi will end his period on March 1, 2008 because he will enter the retirement age of 67. followed by Prof. Laica on May 5, 2008, and Constitution Justice Soedarsono on June 5, 2008. The other six Justices will end theirs on August 15, 2008,” explained the Professor of Constitutional Law.

On the same occasion, the Consitution Justices who would end their service in The Court also delivered their remarks and impressions in front of the media people. First of all, The most senior Justice, Achmad Roestandi, reminded that the heldback in the administrative process of the resignation of the Justices could result in the verdict of The Constitution Court to be illegal when the heldback really happened. Besides that, Roestandi also reminded that it was not easy to be a Constitution Justice because the person had to remember and carry out all the time Prophet Muhammad’s  saying that put the Justices and Judges into three categories; first, justices and judges who knew the laws but did not implement them well. The second group belonged to the justices and judges who did not know the laws therefore they could not implement those laws. Thirdly, justices and judges who knew the laws well and had the willingness to implement them. “I wish I do not belong to the first two groups,” he said.

Next, Constitution Justice Laica Marzuki, said that he was very happy to be appointed as a Constitution Justice and to be destined as part of the history in form of the first Constitution Justices in the Republic of Indonesia. In the same event, Laica explained the two things that had been made collective intentions among the Constitution Justices; firstly, to realize the Constitution Court independency from any power in making the verdicts, even though sometimes it might not be in accordance to the wish of certain groups of authority. Secondly, the Constitution Justices intended to make the Constitution Court as a clean and corruption free court because they were the first actors in the history of the Constitution Court.

Besides that, Laica Marzuki also told how serious the justice was discussed and intended to  be built in the Constitution Court. “Giving arguments until it turns out to be yelling to each others often happen in the Justice Deliberation Meeting. Often, I have to get rid of the ashtrays and paring knieves from the Justices’ table because of the tension of the debate. This is the picture of how serious we are to reach the justice in every verdict,” revealed Laica.

Next, Constitution Justice Soedarsono expressed that the mandate as a Constitution Justice was something to be grateful for. During his career, Justice Soedarsono said that he often acted as a pioneer, in fact he was once again chosen to be a pioneer when he became the first Constitution Justice in Indonesia. “This is a little effort we could give to the next generation. In the future, I wish Constitution Court could be better, be more develope, and a remarkable achievements,” he wished.

After the Constitution Justices delivered their opinions and memories, the General Secretary of the Constitution Court, Janedjri M. Gaffar continued by giving an explanation on the end-of-year report from the General Secretariat and Clerical of the Constitution Court. In the report, the General Secretary of the Constitution Court among all explained that in 2007, the Constitution Court had received 49 requests. Of all the requests, the ones meeting the requirements so that they could be registered were up to 32 files. The rest failing to meet the standard requirement reached 17 requests.

Of the 32 registered files, 30 requests were petition files and only two of them were disputes over State Bodies authorities. Not only conducting trials on the registered files, the Constitution Court also conducted trials on cases from the year 2006 with the trial processes were conducted in 2007 as many as nine cases.”In total, the number of cases processed in 2007 is 41 cases,” explained Janedjri.

Further said Janedjri, throughout 2007, Constitution Court had ceased 29 cases. Nine of them were appealed in 2006 whereas seven out of nine verdicts were cases on trial of Acts and two of them were cases on dispute over State’s Bodies authorities. “20 other verdicts are cases on trial of Acts registered in 2007,” he added.

In detail, of the 29 verdicts reached, four verdicts granted the request, 12 verdicts declined the requests, eight files were unaccepted, and the other five were withdrawn by the Petitioners. (Wiwik Budi Wasito/Yogi Djatnika)

Thursday, January 03, 2008 | 15:16 WIB 265