Category Archives: Mahkamah Konstitusi

October 7, 2013 · 03:13

BREAKING NEWS: Akil resigns (Indonesia)

According to The Jakarta Post, Akil Mochtar has resigned as chief justice of the Mahmakah Konstitusi. It is unclear if he has completely resigned from the court or just the chief justiceship, but the writing is on the wall.

Lembaga Survei Indonesia has some survey data about the toll Akil Mochtar’s arrest has taken on the MK’s reputation. While survey data about the MK are sparse, previously the court’s approval rating had been relatively high (even including the fact that many respondents reported not knowing enough to form a judgment). According to LSI’s most recent survey, only 28% of the public had faith in the MK and believed it still served as a bastion of the rule of law in Indonesia. What is perhaps more surprising is that almost all respondents had an opinion. 66.5% said they no longer look to the MK as bastion of law enforcement, meaning that only 5.5% of respondents reported not knowing enough to respond. The public is clearly aware of the scandal and paying attention.

President SBY meanwhile has proposed reforms to the appointment procedure for judges. While the MK justices might resist – not without reason – I suspect the political pressure on the justices will be too great. Back in 2011, the MK did invalidate legislation that would have circumscribed its jurisdiction, but the MK had very high levels of public trust back then and stakeholders amongst civil society who saw it as an example of good governance. With this most recent scandal, however, I worry the MK will find fewer allies on its side. As such, it is especially important for the president and DPR to consider any reforms carefully before attempting to force them on the court.

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Filed under Akil Mochtar, corruption, Mahkamah Konstitusi

October 4, 2013 · 13:25

Getting worse all the time (Indonesia)

As if a bribery scandal were not enough, according to The Jakarta Globe the KPK now claims to have found marijuana and ecstasy in Akil Mochtar’s office in the Constitutional Court.

There are also more reactions, as Mahfud calls on Akil to resign and Indonesian Corruption Watch urges the KPK to widen its investigation to other allegations of corruption against Akil. President SBY said in a statement that the scandal is even more serious because it potentially means that some Constitutional Court decisions were wrongly decided, and given that decisions are final and binding they would interfere with the democratic process.

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Filed under Akil Mochtar, corruption, indonesia, Mahkamah Konstitusi

October 3, 2013 · 22:00

BREAKING NEWS: CJ Mochtar arrested

Back in April, I posted news about Akil Mochtar’s election to the chief justiceship of the Constitutional Court (Mahkamah Konstitusi). I had mentioned that a few years ago Justice Akil was accused of bribery in a district elections case from North Sumatra. I had speculated that while Chief Justice Akil was cleared of all charges, the allegations might taint his term.

Apparently, corruption has come back to Chief Justice Akil. According to The Jakarta Post, the chief justice was arrested by the Corruption Eradication Commission (KPK) over bribery charges earlier today in connection to a dispute regarding the Gunung Mas Regency elections. The KPK says it seized Rp. 3 million from Akil Mochtar’s house and also arrested several other lawmakers.

Obviously, this incident could have huge implications for the MK. Up until now, the MK has had a relatively clean reputation. I suspect this news will shatter that image and disappoint many Indonesian anticorruption activists. Senior Advisor on Governance in Justice Partnership (Partnership), Laode M Sharif – my former colleague at the Asia Foundation in Jakarta – expressed his surprise and disappointment. I expect more to come.

More important than the immediate reaction will be how the rest of the MK handles the scandal. Will the justices be able to decide on a public relations strategy? Will the abandon Mochtar or stick with him? Will the MK wait until the KPK formally charges Mochtar? Until the end of the trial?

This is the beginning of a new era for the MK. I’m heading to Indonesia soon and will hopefully learn more while I’m there.

UPDATE (03 October 2013):

The Jakarta Globe reports more reactions to the news of Akil Mochtar’s arrest. The condemnation has been widespread. Former MK Chief Justice Jimly has allegedly suggested the death penalty would have a strong deterrent effect against corruption. Former Chief Justice Mahfud MD has said publicly that Akil Mochtar should cooperate with the investigation. Also reports coming out tomorrow explain the charges levied against Akil Mochtar.

According to Viva News, the MK has already recommended suspending Akil Mochtar and assigned his cases to other justices. Significantly, it appears that, while they have not embraced him, the other justices have not tried to defend him. According to Deputy Chief Justice Hamdan Zoelva, the MK will also launch an internal investigation.

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Filed under Akil Mochtar, corruption, indonesia, Mahkamah Konstitusi

May 20, 2013 · 03:15

Who rules the forests? (Indonesia)

New owners?

The Alliance of Indigenous Peoples of the Archipelago (AMAN) filed a petition for constitutional review back in March asking the Mahkamah Konstitusi to remove state ownership from customary forests. According to Art. 1f of the 1999 Law on Forestry, “customary forests are state forests located in the areas of custom-based communities” (emphasis added). The justices agreed with AMAN. According to Justice Alim, “Members of customary societies have the right to clear forests belonging to them and use the land to fulfill their personal and family needs. The rights of indigenous communities will not be eradicated, as long as they’re protected under Article 18b of the Constitution.”

What’s perhaps more surprising is that the government seems fine with having lost the case. According to The Jakarta Globe, Ministry of Forestry spokesperson Sumarto claimed, “The Ministry of Forestry considers indigenous peoples living in a certain area as being part of the forest itself. They cannot be separated.” Of course, this could just be PR spin. After all, why would the central government want to cede control over forest resources? However, there also seems to be an implicit subtext in his comments, namely that the government might be glad to be rid of some of the burden in managing the forests.

One broader question is why the MK has found itself handling so many forestry cases in the first place. According to the MK website, the justices have heard 10 cases dealing with forestry law. To some extent, this is not surprising given the importance of forest resources in Indonesia, which has the largest remaining forest reserves in Southeast Asia (and possibly East Asia as a whole). However, it also seems to stem from the legacy of the New Order era and the lack of clarity in ownership over natural resources (or, put another way, the clarity that the government might seize resources and distribute them to clients). 
Another possibility (one I am investigating through my dissertation) is that forestry law appears so frequently in the court’s docket because the plaintiffs – often indigenous peoples with limited resources – cannot fight their battles in the legislature but can appeal to the court. This would suggest that the MK acts as something of an equalizing force in Indonesian politics, giving disadvantaged groups a greater say in policymaking. 

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Filed under environmental, forests, indonesia, Mahkamah Konstitusi

April 20, 2013 · 06:55

A different chief justice running for president? (Indonesia)

There’s been quite a bit of speculation regarding former Constitutional Court chief justice Mahfud MD’s presidential ambitions. However, according to The Jakarta Post, Mahfud’s predecessor, Jimly Asshiddiqie, has suggested that he might contest in the Democratic Party primary election. Jimly has not officially announced – as chairman of the Election Organizers Ethics Council (DKPP) he must remain neutral – but he has suggested that he would run if asked.

Two questions about Jimly’s candidacy spring to mind. First, is Jimly visible enough to win the primary? His reputation as chief justice was nearly impeccable, but he has not been on the court for almost 5 years. Moreover, the average Indonesian voter during his term (2003-2008) knew very little about the Constitutional Court. Second, what would Jimly’s constituencies be? Would he appeal to technocrats or progressives? Unlike Mahfud, it’s not clear Jimly has built-in support amongst Islamic groups.

Of course, it’s still early to speculate. One possibility is that Jimly uses the primary to demonstrate his electoral strength, even he does not win outright. This could lead to a vice-presidential nomination. He also has time to build his political base for the 2019 elections if need be – after all, he is only 56 years old!

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Filed under indonesia, Jimly, Mahkamah Konstitusi