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Judges had to show their independency. Despite having a right to vote, judges still could not involve directly in campaign.

The Parliament and the government kept on reminding Constitution Justices not to show their allegiance in the coming 2009 democratic festivities. It could be understood that in the event of disputes concerning the election, it is the constitution justices who would be the referees. If they were directly involved early on, their independency and objectivity in settling cases should be questioned.

As preventive action, The Parliament and the Government had formulated criminal threats or sanction for the Justices acting as campaign organizer in the Presidential Election. Similar prohibition was also imposed on members of the Parliament, City Council and Provincial Parliament (Article 272 Act No. 10/2008).

In the Draft Bill about President and Vice President General Election passed on as an Act, the criminal sanction was strictly formulated in article 217. If found out to be the campaign organizer, a constitution justice could be given six to 24 month detention, or up to 50 million rupiahs fine. The criminal sanction was not only applied to constitution justices and Supreme Court Judges, but it was also applied to all judges and justices in all judicial institutions.

On contrary, the Act allowed other public officers who were also members of political parties to join in the campaign. If a public officer was not a member of a political party, he could take part in the campaign after registering to the Election Commission. However, special for judges and justices, head and members of Supreme Auditor, Directors of Bank of Indonesia, and directors of State and Regional Enterprises were still prohibited to participate. Violating the rule meant that the criminal sanction was ready for action.

Court s preparation

Apart from the threat for them, justices and judges were busy preparing themselves. Speakers of High Courts and all judges sat together before they were sent into many areas as an effort to prepare the judicial institutions. “Supreme Judges will go to regions and areas to follow up the result of the National Workshop, especially in anticipating the general election,” said the spokesperson of the Supreme Court, Djoko Sarwoko, Monday (03/11).

Supreme Court was at stake for preparing judges to handle cases related to the election. Even though disputes were channeled to the Constitutional Court for solution, there were possibilities to bring cases related to the General Election to general courts. Conviction of false diploma used in registration as a candidate to be a member of the Parliament was one of the example. Cases that went under general courts’ jurisdiction, according to Act No.10/2008 were criminal cases of the election.

Before the 2004 election, Supreme Court once issued a routing note SEMA No. 4/2003 about Penal Cases related to the election and SEMA No. 5/2003 about Claims related to Political Parties.

Supreme Court, said Djoko, had issued a routing note to all heads of judicial institutions in many areas to prepare and appoint judges to deal with criminal cases related to the election. Judges nominated should have served minimum three years as a judge. Commonly four judges were prepared. Special for Court 1 A grade, it was possible to have more judges.

(Mys/Ali)

Source http://www.hukumonline.com/detail.asp?id=20437&cl=Berita

Photo courtesy of Constitutional Court Public Relation Doc.

Translated by Yogi Djatnika / MKRI

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