Constitutional Court Chief Justice
Jakarta, MKOnline – Attorney General Agung Hendarman Supandji must quit because he should quit at the same time of expiry of the office term of the President. This was conveyed by the Constitutional Court (The Court) Chief Justice Moh. Mahfud MD in the press conference related to the Decision of The Court on the case filed by Yusril Ihza Mahendra on Wednesday (22/90) in The Court’s Building.
“Before 14.35 p.m. West Indonesia Time (WIB) today, all acts taken by Attorney General Hendarman Supandji were still legal, but after the pounding of the hammer at 14.35 p.m. WIB, Hendarman was no longer allowed to continue (performing his duties-ed.),” explained Mahfud.
According to Mahfud, to avoid legal vacuum until the People’s Legislative Assembly (DPR) had conducted legislative review of Law Number 16 Year 2004 regarding the Public Prosecutor’s Office, the Attorney General could be replaced by the vice Attorney General. “According to the law, the vice attorney general can replace the attorney general when the attorney general is unavailable. In addition, the issuance of this decision does not mean that the investigation of Yusril’s case is stopped. We must differentiate between a concrete case and a case of judicial review. However, this decision is enough to stop the controversy among the community,” he said.
Mahfud told that the attorney general was like someone with indefinite ‘sex’ (limit of office term-ed.). Therefore, continued Mahfud, The Court gave a temporary ‘sex’ for the attorney general. “There are four ‘sex’ options based on the period, age, president and discretion. This law does not specify it. Thus, one must be chosen, before the Parliament does the choosing. The Court’s Decision will apply only until the legislative review. The President is innocent because there is no limit. Such innocence is because the Public Prosecutor Law does not discuss it,” he asserted. (Lulu Anjarsari)
Wednesday, September 22, 2010 | 15:32 WIB 302