Clean govt begins with clean judiciary<\/p>\n
Accusations of collusion in the Supreme Court recently grabbed
\nheadlines in the Indonesian press. Scholar Charles Himawan
\noutlines what constitutes an independent judiciary.<\/p>\n
JAKARTA (JP): Maj. Gen. A.M. Hendroprijono rightly observed
\nthat a code of ethics is needed for clean government (The Jakarta
\nPost, June 19, 1996), but because Indonesians have not reached a
\nsufficient level to self-regulate the administration the
\njudiciary must have the respect and power to impose this code.<\/p>\n
Historically, the struggle for an independent judiciary was
\nprimarily aimed at keeping the judiciary from being politically
\ncorrupted. Making use of Montesque terminology, it is the
\nstruggle for a judicial power free from the executive power.<\/p>\n
History proves that justice is scarcely obtained when the
\nadministrator of a nation is also the administrator of justice.
\nAnd, as quality of life improves, the struggle encompasses a
\njudiciary free from financial corruption.<\/p>\n
A corrupt judiciary earns little respect, but attempts to
\nsubvert a corrupt judiciary will continue as long as the losing
\nparty sees even a minuscule opportunity.<\/p>\n
Even the smallest loop-holes, therefore, must be closed. The
\njudiciary must remain free from collusion, at whatever cost,
\nbecause this is the only agency which can ensure clean
\ngovernment.<\/p>\n
The executive branches of a government may be as corrupt as
\ncan be, but if the judiciary is clean, the corrupt actors can be
\nbrought to justice. Eventually, after regular cleaning, the
\ncorrupt agencies will be eliminated. It is clear that a clean and
\ntherefore respected judiciary brings about a clean and respected
\ngovernment.<\/p>\n
Singapore has often been hailed as an example of the close
\nrelationship between a clean government and a judiciary free from
\ncollusion, a euphemism for corruption. The respect that
\nSingapore's judiciary brings has become legendary and is rightly
\nenvied.<\/p>\n
Within ASEAN, Malaysia and the Philippines are also taking
\nserious action to eradicate corruption in their judiciary. In
\nMalaysia, the judiciary was recently shaken by a long anonymous
\npoison-pen letter which detailed corruption among judges.<\/p>\n
Malaysian Prime Minister Mahathir even cautioned judges about
\ntheir relationship with businesspeople.<\/p>\n
Legal evidence warranting prosecution is always difficult to
\nobtain. The way to eradicate alleged corruption, therefore, is to
\nemploy wisdom and virtuous analysis into the living environment
\nof the judges.<\/p>\n
The will to eradicate corruption must be followed by the
\nadmirable performance of the judiciary. Such performance may be
\nproven by rendering judgments that reflect society's prevailing
\nsense of justice.<\/p>\n
The condition of the judiciary in the Philippines is best
\nsummed up by Cardinal Jaime Sin. He says that \"injunctions, court
\npostponements and decisions are often for sale\". However, reform
\nis being initiated by Senator Fernan who hopes that his move
\n\"will restore faith in the courts and the integrity of our laws\"
\n(Asiaweek, June 7, 1996).<\/p>\n
The observation made by Cardinal Sin, and the concern
\nexpressed by Mahathir and Fernan, reflect the plight of Justice
\nAdi Andojo Soetjipto in Indonesia. It is worthy to note that
\ntheir fight for an independent and clean judiciary was recently
\nrecognized by the United Nations Commission on Human Rights in
\nits Resolution No. L. 74 on April 17, 1996.<\/p>\n
The concern over the judiciary's performance is
\nunderstandable, for as one noted Indian jurist observed: \"a
\nmodern judiciary cannot afford to plead incapacity when social
\nissues are addressed to it\" (Newsweek, Feb. 5, 1996).<\/p>\n
On the other hand, the judiciary cannot usurp the executive by
\nresponding to every social grievance. This tendency was recently
\nillustrated by India's Supreme Court. Its overstep was eventually
\ncriticized.<\/p>\n
A great judge knows when to respond and when to keep mum.
\nUnderlying this subtle ability is a judiciary free from
\ncollusion.<\/p>\n
The day the judiciary starts axing corrupt judges is the day
\nclean government begins.<\/p>\n
The writer is Chairman of the Human Rights Subcommission for
\nEducation, and Professor of Law at the University of Indonesia.<\/p>",
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