Court Cuts House Threshold Level For Impeachment
Camelia Pasandaran & Markus Junianto Sihaloho | January 13, 2011
Related articles
Mahfud Savages Indonesian Bureaucrats 2:15pm Dec 8, 2011
Graft In the House? It’s Obvious, Activist Says 2:59pm Nov 19, 2011
Mahfud Says Graft Woes Flow From Low Morality 8:40pm Nov 15, 2011
Is Closing Antigraft Courts a Gift to the Guilty? 10:04pm Nov 10, 2011
Scrap Antigraft Courts in Regions: Mahfud 10:21am Nov 5, 2011
Post a comment
Please login to post comment
Comments
Be the first to write your opinion!
The Constitutional Court on Wednesday voided a law that set a higher quorum for lawmakers to hold an inquest, which would serve as the basis for the impeachment of an official.
The court ruled that Article 184, Subarticle 4 of the 2009 Law on Legislative Bodies had “no legal binding” since it ran counter to a constitutional provision that established a different quorum requirement for the House of Representatives.
The article required three-fourths of House members to be in attendance, and a minimum of three-quarters of those present to vote in favor of invoking the right to express an opinion, the first step in the impeachment process.
The Constitution, meanwhile, requires a two-third quorum.
Of this number, two-thirds must agree to invoke the right to express an opinion.
“The requirement to pursue the right to express an opinion should use a simple majority,” said Justice Hamdan Zoelva, one of the judges hearing the review.
The court said the minimum requirement for the House to invoke its right to express an opinion “should not be higher than the requirements of the Constitution.”
The court ruling favored 19 legislators — including the Golkar Party’s Bambang Soesatyo and the National Awakening Party’s (PKB) Lily Chadijah Wahid — who had filed for a judicial review of the Law on Legislative Bodies two years ago.
They said the law had set the bar too high for legislators to impeach officials. With the ruling Democratic Party holding 148 of the 560 seats in the House, or 26 percent, they said it was “almost impossible” for parties to reach the required numbers.
The lawmakers filed for the judicial review in 2009 after the House had failed to hold an inquest to impeach Vice President Boediono, who was implicated in the 2008 Bank Century scandal.
Boediono was the central bank governor at the time of the controversial Rp 6.7 trillion ($737 million) government bailout of the troubled lender.
More than 100 lawmakers signed a petition to invoke the right to express an opinion but stumbled in the face of intense opposition from the Democrats.
Bambang welcomed the court’s ruling, saying invoking the right to express an opinion would no longer be hampered by the lack of support from the ruling Democrats and its two major allies, the National Mandate Party (PAN) and the PKB.
Mahfud M.D., chief of the Constitutional Court, said making it too difficult for the House to hold an inquiry could hamper the system of checks and balances used by the state.
While an impeachment would require a two-third quorum and the support of two-thirds of that, Mahfud added, “lesser cases” could use the simple majority rule.
“For example, if 30 percent wants decision A, 20 percent wants B, 15 percent wants C and 12 percent wants D, then 30 percent would be enough to decide,” he said.
“This applies to the right to express an opinion in general,” Mahfud added.
- Tomy Winata to Build Jakarta's Tallest Building
- Lady Gaga Angers Thai Fans With Fake Rolex Comment
- Indonesia Wilts as Deforestation Moratorium Loopholes Go Unaddressed
- Lady Gaga Refuses to Tone Down Her Shows: Manager
- Indonesia Set to Cap Bank Owners’ Stakes: Sources
- Singapore Cabby Jailed for Molesting Indonesian Maid
- President's Son Nearly Attacked by Angry Mob
- Indonesia's Chief Justice Demands SBY Explain Corby Clemency
- National Exams' ‘Fantastic’ Passing Rate Suspicious: ICW
- Churchill Set for Arbitration in Indonesia Mine Row
-
5:50pm | Former Social Minister to Be R...
March 2011 - May2012 = 20 month. Only in Indonesia... -
5:48pm | 'Freedom!': Scotland Considers...
I take exception to the headline "Freedom!" The Scots are free - in a voluntary political union with the rest of Great Britain. If they choose in -
5:31pm | If You Don’t Like It, Don’t Wa...
agoz: Indonesia will never be ruled by Sharia law. Educated people in Indonesia will not allow that. If you think Sharia is so wo -
5:17pm | Lady Gaga Refuses to Tone Down...
can we just get over her, i effin LOATHE FPI, but i don't care about this basic talent girl (well i do appreciate her "help" in lgbt issues). -
5:14pm | President's Son Nearly Attacke...
step24... "I hope this will make them realize to wake up from their stupidity and blindness and start doing their job right"... unfortunately tha -
5:13pm | Former Social Minister to Be R...
Quite jg. As my Mum used to say "it's enough to make you vote communist". But of course that's not allowed in this wonderful tolerant de -
5:10pm | If You Don’t Like It, Don’t Wa...
JPB gone... agoz resurrected... never ends... -
5:02pm | If You Don’t Like It, Don’t Wa...
If nothing else Agoz, you have more courage than many others that post this islamic caliphate nonsense. I have to applaud your standing up and sta
