Mahfud MD: “Eliminating the Joint Decree Can Lead to Chaos”
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The Court Chief Justice, Moh. Mahfud MD was answering the questions of journalists during a press conference in his office on the 15th floor of the Constitutional Court Building on Wednesday (15/9).


Jakarta, MK Online – Chief Justice of the Constitutional Court (The Court), Moh. Mahfud MD stated that the Joint Decree (SKB) of two ministers regarding the construction of worship buildings stipulated in 1969 needed to be reviewed because it had been irrelevant with the current condition.

“Social mobility have been high, thus it is difficult to regulate using the SKB. Therefore, only the substance of the SKB needs to be evaluated, but not to eliminate it. Elimination can lead to chaos and this country may make its own law,” expressed Mahfud in a press conference in his office on the 15th floor of The Court Building, Jakarta on Wednesday (15/9).

Mahfud continued that the law was made in accordance with the needs of the time and community development. Similarly, the SKB of two ministers regarding construction of worship buildings, said Mahfud, should follow the development of the era.

Mahfud continued that the SKB of two ministers regarding construction of worship buildings had been unsuitable and irrelevant with the current era and therefore now many problems arouse in many places. One of them occurs in Bekasi, the case of the stabbing of HKBP priest and community.

“Therefore, the SKB can be re-evaluated with the principle that ‘the state still has the regulatory right such as with the SKB. According to international conventions and the constitution, the state must indeed regulate the religious life as well as construction of worship buildings. The aim is to prevent horizontal conflicts among themselves. The point is that protection must still be provided to all religious followers,” he said.

Furthermore, according to Mahfud, the solution for the existence of the SKB of two ministers regarding construction of worship buildings being considered discriminatory to the minority was that the SKB needed to be discussed again, not to be eliminated. The principle is that the existence of the SKB is still important.

On another part, Mahfud responded to the handling of the Century Case. According to Mahfud, the criminal aspect of the Century Case was definitely there, and even Robert Tantular had been punished. Furthermore, said Mahfud, the other criminal aspects could be found in the Money Laundering Law as well as the Banking Law.

“So, if in the Century Case criminal aspects related to the Money Laundering Law and the Banking Law are found, people should force the police rather than the Corruption Eradication Commission (KPK). However, if the criminal aspect is corruption, then people should force KPK,” asserted Mahfud. (Nano Tresna A/Koen)


Wednesday, September 15, 2010 | 18:04 WIB 288