REPUBLIKA.CO.ID, SEMARANG -- The government has been asked not to pursue the idea of appealing against the decision of the State Administrative Court (PTUN) that cancelled a presidential decree naming two new members of the Constitution Court (MK).
Secretary general of the Indonesian Democratic Party of Struggle (PDIP) Tjahjo Kumolo said an appeal against the PTUN's decision is not in line with the Regulation in Lieu of Law (Perpu) on MK which is being proposed by the government itself.
The PTUN has cancelled a presidential decree that named Patrialis Akbar and Maria Farida Indrati, saying the decree did not follow a proper procedure and was not transparent.
Tahjo Kumolo said a candidate for MK judge has to go through fit and proper test by a panel of experts formed by the Judicial Commission.
"Such an appeal would only cause an embarrassment to the government itself," he said here on Thursday.
A leading lawyer Refly Harun also accused the government of being not consistent with the regulation it made itself, referring to the Perpu.
The government has the right to appeal against the PTUN's decision but such move would be improper in legal morality, Refly was quoted as saying.
"I criticize Susilo Bambang Yudhoyono (the president) . He is not consistent with the Perpu he himself issued and for which he is seeking approval from the House of Representatives (DPR)," he said.
Under the Perpu a candidate for MK justice must be politically independent, not involved in a political party for at least seven years before.
"Patrialis clearly is far from meeting the the requirement. If the government does want to safe MK, why it did not do it when it has an opportunity to do so?" Refly queried.
Patrialis is a leader of the National Mandate Party (PAN).
MK has been badly in disgrace following the arrest of its chief justice Akil Muchtar which was recently caught red handed by the Corruption Eradication Commission receiving bribe.
Refly warned that the country needs to have a stable MK before the forthcoming elections.
Indonesia will hold a legislative elections in April next year to be followed with a presidential election.
Meanwhile, Coordinating Minister for Politics, Law and Security Djoko Suyanto said the government will go ahead with its plan to appeal against the PTUN's decision.
"I have observed the PTUN's decision. I have consulted with the President and the Minister of Law and Human Rights. An appeal would be prepared," Djoko said on Tuesday.
With the appeal by the government , the PTUN's decision cancelling the presidential decree is not yet effective, he said.
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