Based on a survey of 200 constitutional experts, the SETARA Institute has put forward recommendations to the Constitutional Court (MK) to restore public trust in a systematic and sustainable manner.
“One way to do this is by publicly disclosing judges’ asset declarations and the sources of their wealth,” said SETARA Institute researcher Ismail Hasani at a press conference on the survey results in Jakarta on Monday.
Ismail stated that the survey employed purposive sampling, whereby the institute selected and identified 200 experts with specific characteristics relevant to the research objectives.
The survey, conducted since July 2013, aimed to assess the Constitutional Court’s performance over the past 10 years from the perspective of 200 constitutional law experts, including human rights activists.
Another recommendation is that the Constitutional Court must be prudent, meticulous and free from vested interests when reviewing Government Regulation in Lieu of Law (Perppu) No. 1/2013 on the Constitutional Court, the constitutionality of which is currently being challenged before the Court.
The Constitutional Court is also advised to establish a specialised unit for internal oversight of institutional governance, such as a general inspectorate within a ministry.
SETARA also calls on the People’s Consultative Assembly (MPR RI) to examine institutional strengthening, the expansion of powers, regulations governing the recruitment of judges, and provisions regarding the oversight of Constitutional Court judges, in order to supplement the provisions of the 1945 Constitution when amendments are made.
To the House of Representatives (DPR RI), SETARA recommends that this body thoroughly review the Constitutional Court Government Regulation in Lieu of Law (Perppu), which has been signed by the President, with a view to strengthening the Constitutional Court’s institutional framework.
“As for the government, the recommendation is to establish a specialised unit at the directorate level within the Ministry of Law and Human Rights to follow up on the Constitutional Court’s rulings,” said Ismail.
Editor: Jafar M Sidik