Judges asked to use conscience in rulings<\/p>\n
JAKARTA (JP): Legal experts agreed on Monday that Indonesian
\njudges should have moral courage and conscience in issuing
\nverdicts on criminal cases.<\/p>\n
Satjipto Rahardjo, a law professor at the Semarang-based
\nDiponegoro University in Central Java and his colleague from the
\nUniversity of Indonesia Loebby Loqman said the Indonesian
\njudicial system, including the Supreme Court, had yet to make
\nsignificant improvements to the system due to rigid existing laws
\nand regulations.<\/p>\n
Satjipto said it was hard for officials in the Indonesian
\nlegal system, which was still in transition, to abandon the
\nideas, thoughts and paradigm of the New Order which have been
\nconsidered outdated.<\/p>\n
\"Most of the verdicts issued by the judges were based merely
\non the prevailing regulations. Therefore, misjudged rulings have
\nled to dissatisfaction and disappointment,\" Satjipto told The
\nJakarta Post after addressing a panel discussion on \"Applying
\nCriminal Measures on Corruption and Banking Crimes in the Reform
\nEra\", jointly held by the Supreme Court and the University of
\nIndonesia.<\/p>\n
He suggested that a corporate culture be established in the
\nIndonesian judicial system.<\/p>\n
\"It means judges, prosecutors and lawyers should not confront
\neach other but join forces to make a judicial decision based on
\ntheir conscience,\" Satjipto, who is also a member of the National
\nCommission on Human Rights, said.<\/p>\n
He said a verdict based on one's conscience indicated that the
\nlaw was not a simple mathematical expression whose decision-
\nmaking could be delegated to computers.<\/p>\n
\"The law and regulations are written legal products. However,
\njustice can develop in the hands of the judges,\" he said.<\/p>\n
Satjipto said establishing a corporate culture certainly
\nneeded behavioral and cultural changes as well as courage on the
\npart of the Indonesian legal community.<\/p>\n
\"But, these are the costs they (legal community) all have to
\npay to regain the people's trust in the legal system,\" he said.<\/p>\n
He cited that justices in the United States had the capability
\nand courage to do such \"experiments\".<\/p>\n
He quoted a statement of popular U.S. justice O.W. Holmes:
\n\"The life of the law has not been logic but experience\".<\/p>\n
They (American justices) could set aside the trias politica
\nprinciples for the sake of the people's welfare, he said.<\/p>\n
\"So because of such a relation, the phrase 'government by the
\njudiciary' was coined and U.S. justices are praised as qualified
\ndecision makers,\" he said.<\/p>\n
Satjipto said Indonesian judges must combine intellect and
\nprofessionalism.<\/p>\n
\"This will place judges above other intellectuals,\" he said.<\/p>\n
Separately, Loebby Loqman said judicial institutions had full
\nauthority in making legal decisions.<\/p>\n
\"But, problems may appear when judges have to decide which
\ncomes first, justice or regulations.<\/p>\n
\"In my opinion, justice should be placed above regulations,\"
\nLoebby said.<\/p>\n
Loebby said, judges have often failed to uphold justice
\nbecause they merely interpreted the laws and regulations when
\nmaking decisions.<\/p>\n
\"Most of the regulations and laws have inadequate guidelines
\nfor the judges,\" he said.<\/p>\n
He said insufficient explanations often led judges to make
\nwrong decisions or abandon their conscience.<\/p>\n
\"A judge may just ignore the laws and regulations and refer to
\nhis conscience for the sake of justice,\" he said.<\/p>\n
He said justice must be upheld by the judges with
\naccountability to himself and to God. (01)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/judges-asked-to-use-conscience-in-rulings-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}