The duet of Constitutional Justice Moh. Mahfud MD and Abdul Mukthie Fadjar chosen as the new leaders of the Constitutional Court (Mahkamah Konstitusi (MK)). Mahfud and Mukthie chosen as MKs Chief Justice and Vice Chief Justice by getting 5 votes in the open vote meeting conducted in Plenary Room of MK and joined by nine Constitutional Justices, Tuesday (8/19).

Based on Article 4 Paragraph (4) Act No. 24/2003 about Constitutional Court (UU MK), the election meeting to choose Chief Justice and Vice Chief Justice  led by the oldest Constitutional Justice, who was Maruarar Siahaan. The election started by wish of each Constitutional Justice to the Chief Justice and Vice Chief Justice who would be chosen.

In the voting to choose MKs Chief Justice which should be conducted in two rounds, Mahfud win over last period Chief Justice, Jimly Asshiddiqie, who got 4 votes. In first round, name of the candidates appeared and each of them got 4 votes, meanwhile 1 voice was abstain. Having chosen, Mahfud walked to Jimly, and shook his hand.

Three Rounds

Different with the voting to choose Chief Justice which conducted in two rounds, the voting to choose Vice Chief Justice conducted in three rounds. In the first round, four candidates appeared, they were Abdul Mukthie Fadjar (2 votes), Maruarar Siahaan (2 votes), M. Akil Mochtar (3 votes), and M. Arsyad Sanuis (1 votes). Meanwhile, one voice was abstain.

Since the Constitutional Court Regulation about Chief Justice and Vice Chief Justice election procedure set that the chosen candidates should get more than 50% votes—which were 5 votes— the voting joined by the most voted candidates,who were Akil Mochtar, Abdul Mukthie Fadjar, and Mauruar Siahaan should be done.

However, results of the second round of the voting had not brought a candidate who got more than 50% votes yet. In the second round, Mukthie got 4 votes, Maruarar got 3 votes, and Akil got 2 votes. Since there had been no candidate who met the requirement, two candidates with the most votes, who were Abdul Mukthie Fadjar and Maruarar Siahaan should fight until the third round. Finally, in the third round, Abdul Mukthie Fadjar got 5 votes, win over Maruarar Siahaan who got 4 votes.

Based on Article 4 Paragraph (3) UU MK, the elected Chief Justice, Moh. Mahdfud MD, and the Vice Chief Justice Abdul Mukthie Fadjar, would led the Court for three years, 2008 until 2011. With other Constitutional Justices, Mahfud and Mukthie would be the second period Constitutional Justice since the Court established in 2003.

The Constitutional Justices period 2008 - 2011 were: Moh. Mahfud MD, Jimly Asshiddiqie, and Akil Mochtar proposed by the Parliament. Abdul Mukthie Fadjar, Ahmad Shodiki, and Maria Farida Indrati proposed by the President. And Maruarar Siahaan, M. Arsyad Sanusi, and Muhammad Alim proposed by the Supreme Court [Ardli Nuryadi, translated by Kencana Suluh Hikmah.]


Tuesday, August 19, 2008 | 16:12 WIB 185