Following the recent scandal involving the Chief Justice of the Constitutional Court (see our post here), the President of the Republic of Indonesia has reacted quickly in an attempt to restore public confidence in the Court.
Government Regulation in Lieu of a Law No. 1 of 2013 came into force on 17 October 2013. This legislative instrument amendments Law No. 24 of 2003 on the Constitutional Court by:
- establishing new criteria for 'fit and proper' tests administered to Constitutional Court justice candidates;
- requiring Constitutional Court Justice candidates to prove that they have not been a member of a political party for seven years preceding their candidacy (Akil Mochtar, the Chief Justice of the Constitutional Court who is at the centre of the current scandal, was a member of a political party immediately prior to his appointment); and
- increasing the effectiveness of the Honourable Assembly, which is tasked with addressing ethical complaints involving Constitutional Court justices.
A "Regulation in Lieu of a Law" is a special legislative instrument reserved for situations that require urgent attention. They can be issued directly by the President, and have the same validity as a Law (which in contrast must be pass through the House of Representatives).
The changes won't serve to eliminate corruption from the Constitutional Court. They will, however, improve the Court's administrative infrastructure and are a step in the right direction. It is through these kinds of incremental improvements that we will eventually see significant progress.