Chief Justice of the Constitutional Court Moh. Mahfud MD
Jakarta, MKOnline – From the beginning, the Chief Justice of the Constitutional Court (The Court) Mahfud MD stated that Refly had been indeed appointed as the head of an Investigation Team, not an Examination Team. According to Mahfud, legally the term to examine and the term to investigate were very different because only the apparatuses in charge were allowed to examine all Justices, with the permit from the President.
“Refly cannot examine all justices, but all of them are ready to be investigated,” said Mahfud in a press conference on Thursday (4/11) afternoon in his office on the 15th floor of The Court’s Building, Jakarta.
Therefore, continued Mahfud, the task of Refly’s team would be to conduct investigation and to prove the truth of his writing in Kompas Daily Newspaper on October 25, 2010. Mahfud said that in performing his task, he would be allowed to perform interviews, confirmation, and even to confront the person he had seen who would bribe with any Justices accused of receiving the bribe.
“So the problem here is only a formal term problem. Meanwhile, the substance is similar, namely that measures must be taken to disclose and account for it legally,” asserted Mahfud.
According to Mahfud it was the investigation result which would be certainly forwarded for legal examination. Thus Refly had to first name the constitutional court justice with bribery or extortion indications. Legal examination process would not be conducted until the justice involved had been found.
“There will be two ends of investigation namely criminal settlement in KPK or Prosecutor’s Office or the Police, and/or settlement of code of conduct case in the Honorary Council,” added Mahfud.
Furthermore, Mahfud explained about Constitutional Court Justice Akil Mochtar who told Mahfud that the pers had written with various interpretations of the terms investigation and examination.
“Many press people have written it correctly but some have been incorrect, thus giving the impression that Mr. Akil does not want to be asked for information. In fact, Mr. Akil and all other Justices are ready to be asked for information and even for confrontation. Indeed, Mr. Akil has urged that the three cases referred to by Refly must be thoroughly settled along with all the legal consequences,” described Mahfud in detail.
Mahfud conveyed two the legal consequences of the case of alleged bribery in The Court. Firstly, any justices proven to have received the bribe would be imposed with legal sanctions and the Chief Justice would process it transparently. Secondly, Refly’s failure to prove it would require him to settle the problem legally.
“In substance, all The Court Justices are waiting for Refly to disclose this problem transparently and Refly does not need to afraid as he is under The Court’s guarantee,” said Mahfud to the journalists.(Nano Tresna A./mh)
Thursday, November 04, 2010 | 14:29 WIB 269