Chief Justice: The Decisions of the Constitutional Court Are Higher Than Presidential Decrees
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The Chief Justice of the Constitutional Court, Moh. Mahfud MD, is speaking in front of the press for explaining polemic on the decision of the constitutional court on the attorney general.


Jakarta, MKOnline – The legality of the Attorney General position, now assumed by Hendarman Supandji, which is discussed by many people, according to the Chief Justice of the Constitutional Court, Mahfud MD, has been set out in the decision of the Constitutional Court on the Public Prosecutor’s Office Law. “Take a look at paragraphs 3.18, 3.28, 3.30 and 3.31 of the decision of the Constitutional Court, do not comment here and there without having read the decision of the Constitutional Court,” Mahfud told the press on Friday (9/24) in his office.

“Why the injunction of decision does not expressly state when the term of office of Hendarman Supandji should end?” one of the journalists asked. Mahfud said that the judicial review only examined the norms, rather than the person. “However, the decision has direct consequence on the obligation to discharge Hendarman,” Mahfud explained.

Constitutionally, the term of office of Hendarman’s position should have ended on October 20, 1999. “But, since the initial regulation was unclear, we can tolerate it until the issuance of decision yesterday,” Mahfud added. It did not matter if the decision is not implemented. “It is not the Constitutional Court’s problem,” he affirmed.

Mahfud only reminded that the decisions of the Constitutional Court are higher than Presidential Decrees. “Presidential Decrees must comply with the decisions of the Constitutional Court,” he added. (Yazid/Koen)


Friday, September 24, 2010 | 12:27 WIB 247