M. Yamin Panca Setia

Mahfud Be The Chief of Constitution Bodyguard

MOHAMMAD Mahfud MD became as Chief of the Constitutional Court for period of 2008-2011. He is former National Awakening Party politician.

He got win after defeated incumbent, Jimly Ashidiqie in a vote that was open to the public and followed by nine constitutional court at the Justice Court Building, Jakarta, on tuesday (19/8).

In chief election, Mahfud an Jimly must followed until second round. On the first round, Mahfud and Jimly get same domination vote. They were success defeated seven judges that also be candidates. Mahfud and Jimly get four vote, and one judge abstained.

On the second round, Mahfud defeated Jimly. He got five votes, and four votes to Jimly.

In the election for the position of deputy, on the first round, Akil Mochtar, the newly judges from the house of representatives got dominant vote. Three votes for him. Akil who was former Golkar Party politician defeated Maruarar Siahaan and Abdul Mukthie Fadjar as others candidates who got two votes for each.

Meanwhile. Arsyad Sanusi just got one vote, and one judge abstained.

But, on the second round, Akil lossed one vote. He only get two votes, but four votes for Mukthie, and three votes for Maruarar. Finally, on the third round, Mukthie get support five votes, and he declared the winner. He defeated Maruara who was got four votes.

Jimly accepted his defeat. He said, this election mecanism open election for public to showed if the Court of Constitution will be transparent court model.

"Hopefully, next leader with eights judges can more increasing the performance institution,” he said.

Jimly remaind, the constitutional court will be facing more complex challenges for five years leters. He believed, if next condition will be different than five years before.

Jimly assess, constitutional court jobs will be more complex because The General Election 2009 has been more nearer. That can more different for all aspect than the General Election 2994. "Object’s conflict more be complex. And then, the regional election also more complex caused entered in new definition about general election. It this will giving new challenges." he said.

The Law expert Irman Putra Siddin assess, Mahfud’s politician background can’t influencing Constitutional Court’s decision cause nine constitution judge have same authority.

Irman also remained that Constitutional Court’s challenge more bigger, cause must be to decide standing trial related judicial review about independent president election that will propose by activist groups.

"It must looking by Constitutional Court perspective, not by politic. The judges have responsible to be Constitutional Bodyguard," he said.

He added, the Constitutional Court challenge will be more hard cause will face dispute about president election product, to decide winner. "that problem is very crucial,” said Irman.

Mahfud is a law professor at the Indonesian Islamic University in Yogyakarta, declared dismissed skepticism about the court's independence.

He have politician backround. But, he declared never intervention consititution Court’s independence was developed by Jimly.

"You can assessing later. Insya Allah, No. I become statesman now, not as politician,” he said.

Mahfud who was defense minister under Abdurrahman Wahid said, after six mounths joined in Constitutional Court, all judges very independence. The chief or deputy can not domination when judicial review decided.

"We can free debate. If failed get agreement, we can take agreement by dissenting opinion," he said.

Mahfud stressed, constitutional court independence very important and should defense cause all constitutional court verdict must in line with constitutional that standing trial by society.

He already to entrust his credibility to save constitutional court still impartiality and independence. He said, no body can dictation judge constitutional.

"I will enterusting everthink to ensure independence and impartiality and independence. If no, (impartiality), will distrub constitutional court," Mahfud stressed.

He claimed he has been showed independence since he became as constitutional judge.

He given example, when he agreed to reject judicial review politic party law has proposed by the head of National Awakening Party politician From Nusa Tenggara Timur.

"The judge must independence, I will enterusting everthink to increase independence. I am happy if constitutional judge can free when making decision. And, constitutional judge’s dabate very seriously, theoretical,” he said.

They are free to defend argumentation. The Constitutional Court must be bodyguard law state. Meanwhile, the house of representative and politic party as be democration’s actor. The democration’s truth is not true according law’s truth.

But, democration without law can be wild. “So, the constitutional court must be bodyguard to save law state,” he said.

Jimly after given his position to Mahfud, hoped anyone doesn’t worried about Constitutional Court’s background.

“When I before as chief onf justice onf the constitutional court, I am a politic party board,” he said. "That is last story," he said.

He appreciated Mahfud’s skill. Jimly believed Mahfud can made increasing constitutional court performance and professionalism to always independence and impartiality.

M. Yamin Panca Setia

Photo by Tempo