Judges nod off during trials<\/p>\n
Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta<\/p>\n
Just like the blind Greek Goddess of Justice, many judges here
\nclose their eyes during court hearings. But this is not part of
\nan effort to improve objectivity but rather is due to the fact
\nthat they are asleep.<\/p>\n
This was discovered by students from the University of
\nIndonesia Law School during a group field study project on the
\nIndonesian judiciary (MaPPI-FHUI), which has been underway since
\nOctober.<\/p>\n
In the South Jakarta District Court alone, the researchers
\nobserved the presiding judges in at least nine different cases
\nwhile they slept during the trial. In another five cases, the
\njudges talked on their cellular phones during court proceedings.<\/p>\n
\"We have listed 52 judges who were found to have been guilty
\nof various types of misconduct, and will report this to the
\nSupreme Court in the near future,\" the group's executive
\ndirector, Asep Rahmat Fajar, told The Jakarta Post last week.<\/p>\n
The study in November uncovered judicial misconduct and
\nprocedural violations at the district courts of Central Jakarta,
\nSouth Jakarta and Cibinong, Bogor.<\/p>\n
Unlike in such television programs like LA Law or Ally McBeal,
\nin which the courts are characterized by heated arguments and
\nmoving statements from lawyers and prosecutors, the local courts
\nare often boring. The civil law system Indonesia inherited from
\nthe Netherlands lacks juries and dynamic debate. The reading
\npresentation of sentencing recommendations by prosecutors can
\ntake hours, depending on the charges and the evidence.<\/p>\n
For example, the reading of the judgment on Akbar Tandjung,
\nthe former minister\/cabinet secretary and current House of
\nRepresentatives' speaker, who the court found guilty of
\ncorruption, took 10 hours. The five members of the panel of
\njudges took turns sleeping throughout the session.<\/p>\n
The researchers also found irregularities during hearings that
\ncould prejudice the legal rights of witnesses and those seeking
\njustice.<\/p>\n
Of 56 cases heard by the Cibinong District Court in November,
\n11 started without the presiding judges asking whether the
\ndefendants were represented by lawyers. In three other cases, the
\njudges ignored the proper procedures by not asking the defendants
\nto respond to the prosecution indictments.<\/p>\n
Many other irregularities were recorded in the three district
\ncourts, ranging from the judges' failure to declare the hearing
\nopen to the public to failing to ask the defendant whether he or
\nshe wanted to file an appeal.<\/p>\n
The study started October and the results are being published
\nmonthly.<\/p>\n
According to Asep, the publication of the researchers'
\nfindings obviously irked the judges. They often questioned the
\npresence of the researchers in their courtrooms and reprimanded
\nthem for \"tainting the image of the judiciary.\"<\/p>\n
But judge Andi Samsan Nganro, who is also spokesman of the
\nCentral Jakarta District Court, told the Post Tuesday that he
\nsupported the study, which could help the court chief to make an
\nevaluation of what happened in the courtroom.<\/p>\n
Commenting on the findings, he said: \"It is human for judges
\nto be sleepy during hearings, but to sleep is not right.\"<\/p>\n
\"And we also agree that judges have to keep focused and not
\nget distracted with their cellular phones,\" said Andi, who
\nhimself often sends messages via his phone while at a hearing.<\/p>\n
But he said he doubted a part of the report, which said that
\nseveral judges failed to open hearings with correct procedures.
\n\"Maybe the researchers missed it.\"<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/judges-nod-off-during-trials-1447893297",
"image": ""
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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