Head of Commission III of Indonesian House of Representatives, Trimedya Pandjaitan, scheduled his side to hold the fit and proper test for a Constitutional Court replacing Jimly Asshiddiqie at the end of January 2009.

“On last December 2, it had been decided that we would start the selection process by announcing to the public.  On December 9, we will put an advertisement in papers. Then after the recess period and followed by board meeting, at the end of January 2009 we will hold the fit and proper test,” explained Trimedya after a consultation meeting between Commission III of the Parliament and eight Constitutional Justices, Thursday (4/12), at the Constitutional Court Building.

“For the 13 participants of the previous fit and proper test for Constitutional Justice position, we offer them an opportunity without having to take the same test again; because they have done it,” added Trimedya.

In the same event, Chief Justice of the Constitutional Court Mahfud MD said that the Court fully left the selection for Jimly s replacement up to the Parliament. “The Court will not interfere. We just need the result. Most importantly, we agreed that the replacement would be conducted immediately,” stated Mahfud.

Mahfud also informed that his side had sent a letter to the President regarding the initiative of Jimly s dismissal from his position as a Constitutional Justice, and requested the postponement of Presidential Decree issuance. Mahfud explained that the postponement needed to be done to meet the requirement in Act on the Constitutional Court also the 1945 Constitution.

Article 28 of the Act on the Constitutional Court arranged that in exraordinary situation, the Constitutional Court shall examine, trial, and decide on a case with seven Justices only. “By Jimly s resignation, there will be eight justices. So we still can make a decision. Then about the 1945 Constitution mentioning that the Constitutional Court comprises of nine Constitutional Justices, so long as the Decree has not been issued, de jure Jimly has not quitted. Therefore, the number of the Constitutional Justices is still nine,“ explained Mahfud. (Kencana Suluh Hikmah)
      
Photo: Doc. MK PR/Yogi Dj
Translated by Yogi Djatnika / MK