In defense of justice<\/p>\n
Is the ax is about to fall on Adi Andojo Soetjipto, the deputy
\nchief justice for criminal affairs who has been waging a lone
\ncrusade against collusion in the Supreme Court? On Friday,
\nMinister\/State Secretary Moerdiono, confirming rumors of a move
\nby Chief Justice Soerjono to have Adi removed, said President
\nSoeharto has received a letter from the chief justice requesting
\nthat Justice Adi be discharged. The President, Moerdiono said, is
\n\"seriously studying\" the request.<\/p>\n
The 1985 law on the Supreme Court indeed empowers the
\nPresident to discharge, honorably or otherwise, members of the
\ncourt at the chief justice's recommendation. The grounds for
\ntermination may be at the request of the justice concerned, or
\nbecause of age (65 years old), physical illness, or an inability
\nto carry out duties.<\/p>\n
At this stage, it is not clear which of these reasons were
\ncited by Chief Justice Soerjono in his letter, but we can clearly
\nrule out own request, age and physical illness because Justice
\nAdi has not voiced a desire to step down, he is 64-years old and
\njudging by his many recent public appearances, he is healthy.
\nMoerdiono clearly stated that the request was for an honorable
\ndischarge rather than dishonorable as earlier rumors suggested.<\/p>\n
Whatever reasons cited by Soerjono and the nature of the
\nrequest, there is no doubt in anybody's mind of what lies behind
\nthe move: the row over possible collusion in the Supreme Court.
\nJustices Soerjono and Adi, perhaps the two most senior and
\nrespected serving judges in the country today, do not see eye to
\neye on the issue.<\/p>\n
Justice Adi was not satisfied with the way the chief justice
\ndealt with his complaint about alleged collusion in the court.
\nInsisting that collusion is rife, he warned that the reputation
\nand integrity of the court is at stake and demanded that
\nsomething be done at once.<\/p>\n
Justice Soerjono commissioned an investigation into a
\nparticular possible collusion case which was raised by Justice
\nAdi, and announced last month that there was not sufficient
\nevidence to support the allegation. He then declared the case
\nclosed, ignoring Justice Adi's protest about the way the
\ninvestigation was conducted. Later he ordered Justice Adi to
\ndesist in his allegations because by continuing and campaigning
\nfor action through the media, he was undermining the integrity of
\nthe court. The chief also threatened him with disciplinary
\naction.<\/p>\n
The public has become privy to an internal row in the
\ntraditionally tight-lipped Supreme Court. This is not the first
\ntime that allegations of corruption and collusion in the Supreme
\nCourt have been heard. What made this case different is that the
\nallegations were made by an insider, a very senior and respected
\nfigure in the court, making the allegations far more credible
\nthan any previous allegations.<\/p>\n
There is indeed a strong case to be made that the Supreme
\nCourt, being the last bastion of justice, should not be tainted
\nlest it lose public respect and trust. The judges serving in the
\ncourt were all selected from the best in the legal system, all
\nsupposedly with good track records. But judges are human beings,
\nwith all their frailties, and the court therefore is not a sacred
\ninstitution totally immune from public scrutiny.<\/p>\n
At a time when the country is striving to strengthen its legal
\nsystem, which is a prerequisite to democracy, introspection by
\nthe courts, from the lowest to the highest, is essential. Justice
\nAdi's move to cleanup the Supreme Court should be seen in this
\ncontext. It would be a tragic loss, not only for the Supreme
\nCourt, but also for the nation and democracy, if the request to
\ndischarge Justice Adi was approved. His actions may be unorthodox
\nand could undermine public trust in the Supreme Court, but if
\nthat is what it takes to clean up the court, then so be it. Only
\nthen can the court gain the trust and respect it is due.<\/p>",
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