Bagir gives go-ahead for int'l arbitration<\/p>\n
Tiarma Siboro, The Jakarta Post, Jakarta<\/p>\n
Despite claiming to do his best to restore the image of the
\ncountry's judges, Supreme Court head Bagir Manan said on Tuesday
\nthat he would not prevent foreign investors from taking disputes
\nwith their domestic partners to international courts.<\/p>\n
\"If any parties -- either foreign or local businesspeople --
\nare involved in a dispute, we shall leave it to them as to
\nwhether they wish to take the case to our courts or to
\ninternational arbitration for settlement,\" he told The Jakarta
\nPost after briefing prospective judges at the Supreme Court.<\/p>\n
Bagir denied that the move by foreign investors to frequently
\nsettle their disputes with their Indonesian partners through
\ninternational tribunals was due to the poor performance of the
\ncountry's judicial system.<\/p>\n
\"It has nothing to do with their lack of trust in our national
\ncourts,\" he said, responding to some recent cases in which
\nforeign businesspeople preferred to take their disputes overseas
\nrather than settle them at home.<\/p>\n
The controversial case of PT Manulife Asuransi Jiwa Indonesia
\nwas one of the examples, and it had tarnished the country's legal
\nsystem due to its failure to protect foreign investment.<\/p>\n
Then president Abdurrahman Wahid ordered the Attorney
\nGeneral's Office to halt the investigation into the case against
\nthe major Canadian insurance company, arguing that not only did
\nthe dispute damage Indonesian relations with foreign creditors,
\nbut also threatened the national interest.<\/p>\n
Bagir also rejected the condition set by donors from the
\nConsultative Group on Indonesia (CGI) for Jakarta to swiftly
\nreform the country's corrupt judiciary in order that some US$3.14
\nbillion in loans and US$586 in grants could be disbursed.<\/p>\n
\"If the CGI urges us to do it within two days ... it's just
\nnot possible,\" he said.<\/p>\n
Pledging to disburse the loans, the creditors urged Indonesia
\nto accelerate its judicial reforms, including creating a
\ncomprehensive reform strategy with clear milestones to establish
\nthe rule of law and reduce corruption in the courts.<\/p>\n
The CGI emphasized that many foreign investors had lost their
\ntrust in Indonesian courts due to massive corruption here.<\/p>\n
Bagir said the Supreme Court had been trying to improve the
\ncourts' performance, including the recruitment process for new
\njudges. He claimed it would take time to implement the reforms.<\/p>\n
The demanded reforms were inevitable as the country did not
\nwant to dissolve the courts, he added.<\/p>\n
\"I don't mind if the CGI has accused all judges here of
\npracticing corruption because I can still find several good
\njudges in the courts,\" Bagir said.<\/p>\n
\"Not all court verdicts have been condemned by the people.
\nOnly those dissatisfied with certain verdicts have lodged
\nprotests.\"<\/p>\n
When asked about the fact that many court verdicts in
\npolitically charged cases had often ignored the public's sense of
\njustice, Bagir simply said, \"What people do you mean? Many people
\ncan easily claim that they represent public opinion.\"<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/bagir-gives-go-ahead-for-intl-arbitration-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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