House may nominate Benjamin for seat on the Supreme Court<\/p>\n
JAKARTA (JP): The House of Representatives could still
\nnominate prominent former judge Benjamin Mangkoedilaga as a
\nsupreme court justice, even though the Supreme Court has excluded
\nhim from the list of candidates, House Speaker Akbar Tandjung
\nsaid on Thursday.<\/p>\n
\"We will consider nominating Benjamin due to growing public
\naspirations in favor of him,\" Akbar, who also chairs the Golkar
\nParty, said.<\/p>\n
He confirmed that Benjamin was missing from the list of 24
\ncandidates submitted by the Supreme Court to the House on
\nWednesday, a move perceived by many as an effort to foil his
\nchances of becoming chief justice.<\/p>\n
The House will select the nominees to fill eight vacant
\nsupreme court justice seats. The names will then be submitted to
\nthe President for approval.<\/p>\n
The 1985 law on the Supreme Court stipulates that the chief
\njustice is elected from supreme court justices.<\/p>\n
President Abdurrahman Wahid has repeatedly expressed his
\nintention to see Benjamin, who is currently a member of the
\nNational Commission on Human Rights, head the Supreme Court in
\nhis bid to clean and reform the courts -- believed by many to be
\na fertile breeding ground for corruption and collusion.<\/p>\n
Several supreme court justices have said they would quit if
\nBenjamin is appointed the chief justice, saying he is \"too
\njunior\".<\/p>\n
Some have said that Abdurrahman's plan is not in line with the
\n1985 law, which states that the chief justice is recruited from
\ncareer judges and that the House, not the President, has the
\nprerogative to elect the chief justice.<\/p>\n
Secretary general of the Supreme Court Pranowo said on
\nThursday the reason his office did not nominate Benjamin was
\nbecause of his lack of experience. The law says a supreme court
\njustice candidate must have at least 15 years of experience.<\/p>\n
But Akbar, citing another clause of the same law, said that a
\nnoncareer judge was allowed to be nominated as a supreme court
\njustice.<\/p>\n
Legislator Patrialis Akbar from the Reform faction at the
\nHouse agreed with Akbar, saying Benjamin had a chance to take a
\nsupreme justice seat upon the House's request.<\/p>\n
\"The public views Benjamin as a man with a lot of experience
\nin upholding justice,\" Patrialis, who is also member of the House
\nCommission II for home and legal affairs, said.<\/p>\n
He said, however, his faction had yet to decide whether to
\nnominate Benjamin, because it was still scrutinizing the
\ncandidates submitted by the Supreme Court.<\/p>\n
Benjamin spent most of his time as a judge at the Jakarta
\nAdministrative Court. He rose to fame for his decision not to
\nuphold the government ban imposed on Tempo weekly magazine in
\n1995.<\/p>\n
Although he could understand the Supreme Court's objection to
\nBenjamin, Patrialis said the right to select supreme court
\njustices was in the House's hands.<\/p>\n
\"The Supreme Court proposes, the House disposes,\" he said.<\/p>\n
Separately, coordinator of independent watchdog Indonesian
\nCorruption Watch Teten Masduki said on Thursday that only five
\nout of the 36 judges were untainted by corruption.<\/p>\n
\"I will soon submit this finding to the House of
\nRepresentatives,\" Teten said during a discussion on good
\ngovernance and the watchdog's program to eradicate corruption.<\/p>\n
He said the watchdog had come to the conclusion based on a
\nseries of interviews with lawyers, former judges and legal
\nclients, all of whom were connected with the Supreme Court.<\/p>\n
Teten said he would reveal the names, pending the House's
\napproval. (jun\/01)<\/p>",
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