Identifier
Created
Classification
Origin
08JAKARTA1582
2008-08-20 08:07:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
KEY INDONESIAN COURT PICKS NEW CHIEF
how-toVZCZCXRO4626 PP RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #1582/01 2330807 ZNY CCCCC ZZH P 200807Z AUG 08 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC PRIORITY 9847 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBY/AMEMBASSY CANBERRA 2924 RUEHWL/AMEMBASSY WELLINGTON 2970 RUEHKO/AMEMBASSY TOKYO 2386 RUEHKA/AMEMBASSY DHAKA 1185 RUEHLM/AMEMBASSY COLOMBO 1214 RUEHNE/AMEMBASSY NEW DELHI 2130 RUEHHK/AMCONSUL HONG KONG 2896 RUEHBAD/AMCONSUL PERTH 1057 RUEHLMC/MILLENNIUM CHALLENGE CORP 0066 RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHINGTON DC RUEAWJA/DEPT OF JUSTICE WASHDC RUEATRS/DEPT OF TREASURY WASHDC RHHJJPI/USPACOM HONOLULU HI RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001582
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, INL FOR ROSS,
USAID/MCC
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
TREASURY FOR IA-BAUKOL
NSC FOR EPHU
E.O. 12958: DECL: 08/20/2018
TAGS: PGOV KJUS PREL ID
SUBJECT: KEY INDONESIAN COURT PICKS NEW CHIEF
REF: A. JAKARTA 1573
B. JAKARTA 1509
JAKARTA 00001582 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001582
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, INL FOR ROSS,
USAID/MCC
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
TREASURY FOR IA-BAUKOL
NSC FOR EPHU
E.O. 12958: DECL: 08/20/2018
TAGS: PGOV KJUS PREL ID
SUBJECT: KEY INDONESIAN COURT PICKS NEW CHIEF
REF: A. JAKARTA 1573
B. JAKARTA 1509
JAKARTA 00001582 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: The members of Indonesia's Constitutional
Court have chosen Mohammad Mahfud to be the next Chief Judge.
Mahfud is considered moderate and to have the requisite
legal experience. Mahfud will replace the current chief
judge, who was defeated in his bid for re-election. Sharing
judicial powers in Indonesia with the Supreme Court, the
Constitutional Court has earned a positive reputation for its
rulings respecting civil liberties. The USG has assisted the
court via various management-related programs. END SUMMARY.
COURT PICKS NEW CHIEF JUDGE
2. (SBU) A key Indonesian court has picked a new chief
judge. On August 19, the eight other members of the
Constitutional Court elected Mohammad Mahfud Mahmodin to be
the next chief judge (he goes by the name "Mahfud"). (Note:
Ruling on constitutional-related issues, the Constitutional
Court shares judicial powers with Indonesia's Supreme Court,
which rules on all other appellate matters.) Mahfud, 51, was
formerly a legislator and a law professor at Indonesian
Islamic University in Yogjakarta in central Java. He is a
close associate of former president Abdurrahman Wahid
(a.k.a., "Gus Dur"),serving Gus Dur as defense minister from
1999-01.
3. (C) Mahfud has been serving as a judge on the nine-judge
court only since April 2008, when he was selected by the
Indonesian national legislature (DPR). Mahfud is
well-regarded, considered to be a moderate without an
ideological agenda and, as a respected former law professor,
considered to have the requisite legal experience for the
job.
4. (SBU) The court also elected a new deputy chief justice.
Abdul Mukhti Fadjar won that race. He is a former law
professor at Brawijaya University in Malang, East Java.
Fadjar has served on the court since 2003. Both Mahfud and
Fadjar are slated to be sworn in by President Yudhoyono on
August 21 and will serve three-year terms in their new
positions.
A SURPRISING DEFEAT FOR SITTING CHIEF JUDGE
5. (C) In the vote, Mahfud managed to defeat the current
chief judge. Jimly Asshiddiqie has served on the court since
2003 when it was founded, serving as chief judge the entire
time. Despite his defeat, Asshiddiqie is expected to
continue serving on the court as a judge. It is not
immediately clear why Asshiddiqie lost the race. Two
contacts, however, told us that Asshiddiqie had grown
unpopular on the court because he was constantly trying to
get into the limelight. In addition, Asshiddiqie had
discussed the possibility of trying for higher office,
perhaps via a run for vice-president in 2009. It is not
clear whether Asshiddiqie has a chance at that after
effectively losing control of his own court, but it seems
doubtful.
AN INCREASINGLY KEY COURT
6. (C) As mentioned, the Constitutional Court was only
formed in 2003. The court is a product of Indonesia's
post-Suharto era reforms and is meant to be the guardian of
the country's Constitution. In the short time of its
JAKARTA 00001582 002.2 OF 002
existence, the Court has been right in the middle of events,
including:
-- The Court has earned a positive reputation for its support
of civil liberties, ruling that "defamation" of government
leaders should not be a crime, for example.
-- Per ref a, the Bali bombers have also appealed their death
sentence to the Court and this should be Mahfud's first big
case.
-- The Court also recently ruled that the GOI had to spend
20% of the budget on education as set out in the
Constitution, forcing the government to grapple with the
question of how to attain such funding levels.
-- The court also deals with election-related disputes, which
should be a busy area in the coming election year.
7. (U) The USG has assisted in building the court's capacity
via various management-related programs.
HUME
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP, INL FOR ROSS,
USAID/MCC
DEPT FOR EEB/IFD/OMA
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE
TREASURY FOR IA-BAUKOL
NSC FOR EPHU
E.O. 12958: DECL: 08/20/2018
TAGS: PGOV KJUS PREL ID
SUBJECT: KEY INDONESIAN COURT PICKS NEW CHIEF
REF: A. JAKARTA 1573
B. JAKARTA 1509
JAKARTA 00001582 001.2 OF 002
Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d).
1. (C) SUMMARY: The members of Indonesia's Constitutional
Court have chosen Mohammad Mahfud to be the next Chief Judge.
Mahfud is considered moderate and to have the requisite
legal experience. Mahfud will replace the current chief
judge, who was defeated in his bid for re-election. Sharing
judicial powers in Indonesia with the Supreme Court, the
Constitutional Court has earned a positive reputation for its
rulings respecting civil liberties. The USG has assisted the
court via various management-related programs. END SUMMARY.
COURT PICKS NEW CHIEF JUDGE
2. (SBU) A key Indonesian court has picked a new chief
judge. On August 19, the eight other members of the
Constitutional Court elected Mohammad Mahfud Mahmodin to be
the next chief judge (he goes by the name "Mahfud"). (Note:
Ruling on constitutional-related issues, the Constitutional
Court shares judicial powers with Indonesia's Supreme Court,
which rules on all other appellate matters.) Mahfud, 51, was
formerly a legislator and a law professor at Indonesian
Islamic University in Yogjakarta in central Java. He is a
close associate of former president Abdurrahman Wahid
(a.k.a., "Gus Dur"),serving Gus Dur as defense minister from
1999-01.
3. (C) Mahfud has been serving as a judge on the nine-judge
court only since April 2008, when he was selected by the
Indonesian national legislature (DPR). Mahfud is
well-regarded, considered to be a moderate without an
ideological agenda and, as a respected former law professor,
considered to have the requisite legal experience for the
job.
4. (SBU) The court also elected a new deputy chief justice.
Abdul Mukhti Fadjar won that race. He is a former law
professor at Brawijaya University in Malang, East Java.
Fadjar has served on the court since 2003. Both Mahfud and
Fadjar are slated to be sworn in by President Yudhoyono on
August 21 and will serve three-year terms in their new
positions.
A SURPRISING DEFEAT FOR SITTING CHIEF JUDGE
5. (C) In the vote, Mahfud managed to defeat the current
chief judge. Jimly Asshiddiqie has served on the court since
2003 when it was founded, serving as chief judge the entire
time. Despite his defeat, Asshiddiqie is expected to
continue serving on the court as a judge. It is not
immediately clear why Asshiddiqie lost the race. Two
contacts, however, told us that Asshiddiqie had grown
unpopular on the court because he was constantly trying to
get into the limelight. In addition, Asshiddiqie had
discussed the possibility of trying for higher office,
perhaps via a run for vice-president in 2009. It is not
clear whether Asshiddiqie has a chance at that after
effectively losing control of his own court, but it seems
doubtful.
AN INCREASINGLY KEY COURT
6. (C) As mentioned, the Constitutional Court was only
formed in 2003. The court is a product of Indonesia's
post-Suharto era reforms and is meant to be the guardian of
the country's Constitution. In the short time of its
JAKARTA 00001582 002.2 OF 002
existence, the Court has been right in the middle of events,
including:
-- The Court has earned a positive reputation for its support
of civil liberties, ruling that "defamation" of government
leaders should not be a crime, for example.
-- Per ref a, the Bali bombers have also appealed their death
sentence to the Court and this should be Mahfud's first big
case.
-- The Court also recently ruled that the GOI had to spend
20% of the budget on education as set out in the
Constitution, forcing the government to grapple with the
question of how to attain such funding levels.
-- The court also deals with election-related disputes, which
should be a busy area in the coming election year.
7. (U) The USG has assisted in building the court's capacity
via various management-related programs.
HUME