VZCZCXRO6201
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1509/01 2210633
ZNR UUUUU ZZH
O 080633Z AUG 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9742
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBY/AMEMBASSY CANBERRA 2878
RUEHLM/AMEMBASSY COLOMBO 1182
RUEHKA/AMEMBASSY DHAKA 1151
RUEHNE/AMEMBASSY NEW DELHI 2084
RUEHKO/AMEMBASSY TOKYO 2337
RUEHWL/AMEMBASSY WELLINGTON 2928
RUEHHK/AMCONSUL HONG KONG 2865
RUEHPT/AMCONSUL PERTH 1020
RUEHLMC/MILLENNIUM CHALLENGE CORP 0063
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC
RUEKJCS/SECDEF WASHDC
RUEAWJB/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHMCSUU/FBI WASHINGTON DC
RHHJJPI/USPACOM HONOLULU HI
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 03 JAKARTA 001509 
 
SIPDIS 
 
DEPT FOR DS/ICI/RFJ, DS/IP/EAP, DS/DSS/ITA, DS/CC, 
DS/IIP/SC, EAP, EAP/MTS, INR/EAP, INL FOR BOULDIN, USAID/MCC 
DEPT FOR EEB/IFD/OMA 
DOJ FOR AAG SWARTZ, OPDAT FOR LEHMANN/ALEXANDRE 
TREASURY FOR IA-BAUKOL 
FBI FOR ETTUI/SSA ROTH 
NCTC WASHDC 
NSC FOR EPHU 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR PREL ID
SUBJECT: CONSTITUTIONAL COURT: NEW JUSTICE SELECTION PROCESS 
 
REF: 07 JAKARTA 000821 
 
JAKARTA 00001509  001.2 OF 003 
 
 
¶1. SUMMARY: (U) The first 5-year term of the nine 
Constitutional Court justices ends August 15 and three 
Constitutional Court justices are retiring.  Each of the 
three branches of government is involved in selecting 
replacements for the Constitutional Court, which is an 
important player in regional and national elections. 
President Yudhoyono (SBY) is closely overseeing the selection 
process for the executive branch's nominees.  END SUMMARY. 
 
STILL A YOUNG INSTITUTION 
 
¶2. (U) Although the Constitutional Court is one of the 
judiciaries stipulated in the 1945 Constitution, it did not 
exist independently until it was separated from the Supreme 
Court in 2003.  The court's first term ends on August 15, 
marking the first turnover on the bench.  The nine justices 
on the Constitutional Court are appointed equally by the DPR, 
the Supreme Court and the President, each for a term of 5 
years.  They may be re-appointed for one subsequent term. 
 
¶3. (U) The Constitutional Court will play an important role 
in the upcoming presidential and legislative elections in 
¶2009.  Among other issues, it has jurisdiction over election 
result disputes, the dissolution of political parties and 
laws regarding political participation.  Already, its recent 
ruling on August 4 that incumbent governors, regents and 
mayors were not required to resign to seek re-election will 
have significant impact on the regional elections. So far, 
the Constitutional Court has maintained a reputation as a 
professional body (reftel) generally immune from political 
influence. 
 
HOUSE OF REPRESENTATIVES (DPR) CALLS FOR A PUBLIC PROCESS 
 
¶3. (U) Because the law gives no guidance regarding the 
Constitutional Court justice selection process, the 
appointment process (by the executive branch and the Supreme 
Court) is widely perceived as the prerogative of the 
President and the Chief Justice.  In January 2008, however, 
Trimedya Panjaitan, head of the DPR Judicial Commission, 
asked that the DPR, the Supreme Court and the executive 
branch conduct the selection process in a transparent and 
public manner. 
 
SOME MORE TRANSPARENT THAN OTHERS 
 
¶4. (U) On March 14, the DPR appointed their three candidates 
to the Constitutional Court after undergoing an extensive and 
public selection process. The head of the DPR judicial 
commission stated that the two incumbent justices, Prof. 
Jimly Asshiddique (chief) and Prof. Moh Mafud MD, were not 
required to submit to the selection process as they remained 
eligible for re-appointment to the Court.  Before settling on 
DPR member Akil Mochtar for the third court seat, the DPR 
commission opened registration for three nominees from each 
of the political parties in the DPR.  DPR Commission III then 
narrowed the field of candidates to 18 (three DPR members, 
two sitting Constitutional Court justices and the remainder 
from a variety of law professions) and evaluated them based 
on a written test and oral interview.   Before the final 
selection, the DPR committee conducted a "fit and proper 
test" of the final candidates, including the two incumbents, 
to determine if they were able to carry out their duties as 
 
JAKARTA 00001509  002.2 OF 003 
 
 
justices of the Constitutional Court. 
 
¶5. (U) The Supreme Court appointed three incumbents: Maruarar 
Siahaan, Arsyad Sanusi and Muhammed Alim.  The incumbents 
told the press that there was no open selection process and 
that each had been called by Chief Justice Bagir Manan of the 
Supreme Court and asked to serve a second term. 
 
SBY COMMITS TO TRANSPARENCY 
 
¶6. (U) On August 2, the executive branch's candidate 
selection committee released the list of 15 candidates for 
the Constitutional Court.  The candidate selection committee, 
chaired by the President's legal advisor, Adnan Buyung 
Nasution, began seeking nominations in February 2008.  SBY 
had Nasution publish the methodology of the selection process 
to ensure transparency.  The selection committee solicited 
public input, is currently interviewing candidates and plans 
on August 9 to announce a select list of nine candidates, 
from which the President must choose three, by August 11. 
 
¶7. (U) The executive branch's nominees include: 
 
--Abdul Mukhtie Fadjar, incumbent on the Constitutional Court 
 
--Achmad Sodiki, professor of law, Brawijaya University, 
Malang, East Java 
 
--Ahmad Ali, professor of law, Hasanuddin University, 
Makassar, South Sulawesi; commissioner of the Indonesia-East 
Timor Commission on Truth and Friendship (CTF) 
 
--Aminuddin Ilman, professor of law, Hasanuddin University, 
Makassar, South Sulawesi 
 
--Amzulian Rifai, lecturer, Sriwijaya University, Palembang; 
Ph.D in constitutional law, Monash University, Australia 
 
--Atip Latipulhayat, telecommunication law expert, 
Padjadjaran University, Bandung, West Java 
 
--Latief Fariqun, Brawijaya University, Malang; deputy 
minister, prevention of gross human rights violations, 
Ministry of Women's Empowerment 
 
--Dwi Andayani Budisetyowati, professor of constitutional 
law, Tarumanegara, Jakarta 
 
--Fajrul Falaakh, constitutional law expert, Gadjah Mada 
University, Yogyakarta; outspoken critic of the 
Constitutional Court 
 
--Harkristuti Harkrisnowo, director general, human rights 
affairs, Department of Law and Human Rights; law faculty, 
University of Indonesia 
 
--Indriyanto Seno Adji (who later withdrew his nomination) 
 
--Maria Farida Indrati, legislation expert, law faculty, 
University of Indonesia 
 
--Ningrum Natasya Sirait, law faculty, North Sumatra 
University, research focus on business competitiveness 
 
--Rudi Rizky, Faculty, Padjadjaran University, Bandung, West 
 
JAKARTA 00001509  003.2 OF 003 
 
 
Java 
 
-- Satya Arinanto, law faculty, University of Indonesia; 
former energy expert Constitutional Court 
 
POSITIVE RESPONSE 
 
¶8.  (U) Public reaction to the executive branch's selection 
process has been positive.  Although the Community Alliance 
for the Constitutional Court has been critical of the Court 
in the past, their only criticism has been of the selection 
process and the limitation of public input to one day--but 
not of the results.  The high caliber of the government's 
list of candidates and the transparency of the executive 
branch candidates' selection process bode well for the 
court's professionalism in the future. 
HUME