Identifier
Created
Classification
Origin
08JAKARTA36
2008-01-07 11:01:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
UNCERTAINTY OVER FUTURE CONSTITUTIONAL COURT
how-toVZCZCXRO5974 OO RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #0036/01 0071101 ZNY CCCCC ZZH O 071101Z JAN 08 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 7574 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBJ/AMEMBASSY BEIJING 4623 RUEHBY/AMEMBASSY CANBERRA 1848 RUEHPB/AMEMBASSY PORT MORESBY 3616 RUEHKO/AMEMBASSY TOKYO 1387 RUEHWL/AMEMBASSY WELLINGTON 2221 RHHJJPI/USPACOM HONOLULU HI RUEAIIA/CIA WASHDC RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000036
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP (ZENZIE)
NSC FOR E.PHU
E.O. 12958: DECL: 01/17/2018
TAGS: PGOV KJUS ID
SUBJECT: UNCERTAINTY OVER FUTURE CONSTITUTIONAL COURT
VACANCIES
REF: A. 07 JAKARTA 3069
B. 07 JAKARTA 3484
JAKARTA 00000036 001.2 OF 002
Classified By: A/Pol/C Daniel Turnbull, reasons 1.4(b+d).
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000036
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP (ZENZIE)
NSC FOR E.PHU
E.O. 12958: DECL: 01/17/2018
TAGS: PGOV KJUS ID
SUBJECT: UNCERTAINTY OVER FUTURE CONSTITUTIONAL COURT
VACANCIES
REF: A. 07 JAKARTA 3069
B. 07 JAKARTA 3484
JAKARTA 00000036 001.2 OF 002
Classified By: A/Pol/C Daniel Turnbull, reasons 1.4(b+d).
1. (C) SUMMARY: With rumors still swirling about the
possible appointment of a former state secretary to the
Constitutional Court, the Yudhoyono administration must also
decide how it will handle upcoming vacancies on the Court.
Three justices will reach mandatory retirement age in
mid-2008, threatening to halt Court operations and
potentially delaying important decisions on disputed local
elections and challenges to constitutionally guaranteed
freedoms. Chief Justice Jimly Asshiddiqie has requested
President Yudhoyono act to ensure that the Court can remain
in operation. END SUMMARY.
COURT NEARING END OF FIRST TERM
2. (C) The three-year appointment of Indonesia's nine
Constitutional Court justices will end in August 2008,
completing the first term of the prominent new court,
established in 2002 as part of pro-democracy constitutional
reforms. The next set of justices will be appointed to the
Court by President Yudhoyono, the national legislature and
the Supreme Court, each selecting three justices. For the
remainder of its current term and its subsequent 2008-2011
term, the Court is expected to play a crucial role in
hammering out fundamental issues concerning the
constitutional rights of Indonesian citizens, including those
related to counterterrorism laws and human rights guarantees,
and in settling disputes between political parties contesting
local and national elections.
RETIREMENTS LOOMING
3. (C) Constitutional Court Chief Justice Jimly
Asshiddiqie--a reformer (ref a) who was recently named
GlobeAsia magazine's Man of the Year for 2007--last week
highlighted that mandatory retirements from the Court before
August could jeopardize its ability to continue functioning.
Three justices will reach the legal retirement age of 67
before their terms end in August. Although the Court can
continue to operate with seven justices, the third
retirement--of Justice Soedarsono (one name only) on June
5--will push the Court below the legal quorum requirements.
BRIDGING THE GAP AND PICKING NEW JUSTICES
4. (C) Asshiddiqie has requested that President Yudhoyono
issue a presidential decree in lieu of law (PERPU) to extend
the terms of the three justices past their mandatory
retirement ages. He has also requested that the President,
legislature and Supreme Court begin the process of
identifying new candidates so that the Court can continue its
work without interruption after August 2008. Asshiddiqie and
other legal observers have responded negatively to the
rumored possibility of President Yudhoyono's appointing
former State Secretary Yusril Mahendra to the Court, saying
that Court should maintain its nonpartisan stance, especially
given its role in settling election disputes (ref b).
Mahendra is a founding member of the Islamist Crescent Moon
and Star (PBB) Party.
PROCESS UNCLEAR
5. (C) Asshiddiqie's suggestion that the retiring justices'
terms be extended through August 2008 by way of a
presidential decree would be a pragmatic but legally
problematic solution. Since the Constitution requires the
President, legislature and Supreme Court to appoint justices
separately, it is unclear whether Yudhoyono has the legal
authority to extend unilaterally the terms of the retiring
justices. That said, pragmatic rulings have been a staple of
the Court, which might have to rule on the constitutionality
of the move. Presidential extensions beyond mandatory
retirement age would be consistent with extensions routinely
given to senior leaders in the military and police forces.
Another option would be for the president to appoint
temporary replacements. If there is no agreement on
JAKARTA 00000036 002.2 OF 002
extending the terms of the retiring justices or appointing
interim justices, the Constitutional Court appears headed for
a recess of at least ten weeks during mid-2008, until a new
panel of justices is seated.
HUME
SIPDIS
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INR/EAP (ZENZIE)
NSC FOR E.PHU
E.O. 12958: DECL: 01/17/2018
TAGS: PGOV KJUS ID
SUBJECT: UNCERTAINTY OVER FUTURE CONSTITUTIONAL COURT
VACANCIES
REF: A. 07 JAKARTA 3069
B. 07 JAKARTA 3484
JAKARTA 00000036 001.2 OF 002
Classified By: A/Pol/C Daniel Turnbull, reasons 1.4(b+d).
1. (C) SUMMARY: With rumors still swirling about the
possible appointment of a former state secretary to the
Constitutional Court, the Yudhoyono administration must also
decide how it will handle upcoming vacancies on the Court.
Three justices will reach mandatory retirement age in
mid-2008, threatening to halt Court operations and
potentially delaying important decisions on disputed local
elections and challenges to constitutionally guaranteed
freedoms. Chief Justice Jimly Asshiddiqie has requested
President Yudhoyono act to ensure that the Court can remain
in operation. END SUMMARY.
COURT NEARING END OF FIRST TERM
2. (C) The three-year appointment of Indonesia's nine
Constitutional Court justices will end in August 2008,
completing the first term of the prominent new court,
established in 2002 as part of pro-democracy constitutional
reforms. The next set of justices will be appointed to the
Court by President Yudhoyono, the national legislature and
the Supreme Court, each selecting three justices. For the
remainder of its current term and its subsequent 2008-2011
term, the Court is expected to play a crucial role in
hammering out fundamental issues concerning the
constitutional rights of Indonesian citizens, including those
related to counterterrorism laws and human rights guarantees,
and in settling disputes between political parties contesting
local and national elections.
RETIREMENTS LOOMING
3. (C) Constitutional Court Chief Justice Jimly
Asshiddiqie--a reformer (ref a) who was recently named
GlobeAsia magazine's Man of the Year for 2007--last week
highlighted that mandatory retirements from the Court before
August could jeopardize its ability to continue functioning.
Three justices will reach the legal retirement age of 67
before their terms end in August. Although the Court can
continue to operate with seven justices, the third
retirement--of Justice Soedarsono (one name only) on June
5--will push the Court below the legal quorum requirements.
BRIDGING THE GAP AND PICKING NEW JUSTICES
4. (C) Asshiddiqie has requested that President Yudhoyono
issue a presidential decree in lieu of law (PERPU) to extend
the terms of the three justices past their mandatory
retirement ages. He has also requested that the President,
legislature and Supreme Court begin the process of
identifying new candidates so that the Court can continue its
work without interruption after August 2008. Asshiddiqie and
other legal observers have responded negatively to the
rumored possibility of President Yudhoyono's appointing
former State Secretary Yusril Mahendra to the Court, saying
that Court should maintain its nonpartisan stance, especially
given its role in settling election disputes (ref b).
Mahendra is a founding member of the Islamist Crescent Moon
and Star (PBB) Party.
PROCESS UNCLEAR
5. (C) Asshiddiqie's suggestion that the retiring justices'
terms be extended through August 2008 by way of a
presidential decree would be a pragmatic but legally
problematic solution. Since the Constitution requires the
President, legislature and Supreme Court to appoint justices
separately, it is unclear whether Yudhoyono has the legal
authority to extend unilaterally the terms of the retiring
justices. That said, pragmatic rulings have been a staple of
the Court, which might have to rule on the constitutionality
of the move. Presidential extensions beyond mandatory
retirement age would be consistent with extensions routinely
given to senior leaders in the military and police forces.
Another option would be for the president to appoint
temporary replacements. If there is no agreement on
JAKARTA 00000036 002.2 OF 002
extending the terms of the retiring justices or appointing
interim justices, the Constitutional Court appears headed for
a recess of at least ten weeks during mid-2008, until a new
panel of justices is seated.
HUME