Chief Justice hails judicial commission<\/p>\n
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
The country's judiciary, especially its judges, has long been
\ncriticized for its dependence on the executive body.<\/p>\n
Its lack of independence is mainly because the judges'
\nrecruitment and administration are in the hands of the Ministry
\nof Justice and Human Rights, with a little supervisory power by
\nthe Supreme Court.<\/p>\n
In an attempt to establish an independent judiciary, Supreme
\nCourt Chief Justice Bagir Manan and noted lawyer Frans Hendra
\nWinarta have said that the establishment of an independent
\njudicial commission is essential to avoid government intervention
\nin local courts.<\/p>\n
The judicial commission, the establishment of which is
\nrequired under the third amendment of the 1945 Constitution, will
\nbe an independent body authorized to name candidates for judges
\nand justices, with the power to maintain and uphold the judges'
\ndignity and integrity.<\/p>\n
Bagir, in an interview with The Jakarta Post on Thursday,
\ndeplored the sluggish response of legislators to amend the
\nConstitution.<\/p>\n
\"Should the government let the judiciary be completely put
\nunder the Supreme Court's roof, then such a commission is needed
\nto supervise the judges and justices and to keep an eye on their
\ntrack records,\" Bagir told the Post and Koran Tempo.<\/p>\n
Bagir suggested that the judicial commission, which will be
\nsimilar to a commission in the Netherlands, should be responsible
\nto the public and have the power to appraise the judges as well
\nas to manage their welfare.<\/p>\n
Last week, Minister of Justice and Human Rights Yusril Ihza
\nMahendra proposed to soon hand over the administration of the
\njudiciary from his office to the Supreme Court in accordance with
\nLaw No. 35\/1999 on the judiciary.<\/p>\n
The 1999 law is the latest version of the 1964 and 1970 laws
\non the judiciary that, according to Frans Hendra, is a
\ncontinuation of the state's dubious stance on the separation of
\npower among the executive, the legislative and the judicial
\nbodies.<\/p>\n
\"In Law No. 19\/1964 on judicial authority, the government has
\nthe power to intervene in the courts.<\/p>\n
\"Although the article was removed from the 1970 revision, it
\nstill allows government intervention by putting the monitoring of
\nthe judiciary in the hands of the Supreme Court and the ministry
\nof justice,\" Frans Hendra told the Post on Friday.<\/p>\n
Although the new policy may ensure the independence of the
\ncourt and the judges, many people fear that this move will
\nstrengthen the impunity of corrupt judges.<\/p>\n
Unrelenting criticism has met controversial rulings by judges,
\nwho have been accused of collusion and of insulting people's
\nsense of justice. The courts have also foiled prosecution against
\njudges who have been accused of accepting bribes.<\/p>\n
Frans Hendra acknowledged that government intervention in the
\npast had also had a good impact, albeit tiny, especially in
\ncontrolling corrupt judges.<\/p>\n
\"I'm afraid that the country's judiciary will worsen in the
\nabsence of good supervision. Judges will no longer have anything
\nto fear,\" he said.<\/p>\n
He expected that the judicial commission would comprise
\nfigures with integrity and expertise in legal matters so they can
\ndisregard any signs of intervention.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/chief-justice-hails-judicial-commission-1447893297",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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