Legal institutions 'must seize their independence'<\/p>\n
JAKARTA (JP): Political scientist Daniel S. Lev urged the
\ncountry's judiciary to be more proactive in gaining greater
\nindependence from the executive branch.<\/p>\n
\"History in Germany, France, England, Japan, Malaysia and
\nothers shows that a strong judiciary was not just given to them
\nbut had to be seized from the government,\" Lev told a discussion
\non the judicial branch on Monday.<\/p>\n
Lev, a professor from the University of Washington in the
\nUnited States, stressed the need for lawyers, judges and
\nprosecutors to unite and begin a campaign for greater autonomy.<\/p>\n
One major prevailing weakness at present, according to Lev,
\nwas that the country's legal circle was not unified.<\/p>\n
\"They have been weak because they are divided not only by the
\ngovernment but also due to their own competition,\" he said.<\/p>\n
There are at least three lawyers associations in the country
\n-- the Indonesian Bar Association (IKADIN), the Indonesian
\nAdvocates Association (AAI) and the Association of Indonesian
\nLawyers (IPHI) -- while judges are grouped in the Association of
\nIndonesian Judges (IKAHI).<\/p>\n
Lev also said that a balance of power between the people and
\nthe country's power holders was crucial in creating a strong
\njudiciary.<\/p>\n
However, he believed that such a balance would be difficult to
\ncreate as long as the Armed Forces (ABRI) continued to be
\nactively involved in politics.<\/p>\n
\"People must think twice about thorough reform because there
\nis no organization in society which can match ABRI's strength.\"<\/p>\n
IKAHI chairman Paulus Effendie Lotulung pointed out that
\njudges were very much under the authority of government
\ninstitutions.<\/p>\n
\"Our status as civil servants forces us to be loyal to the
\ngovernment and this erodes our independence,\" said Paulus, who is
\none of the Supreme Court's chief justices.<\/p>\n
He therefore urged that the 1970 law on judicial power be
\namended.<\/p>\n
Article 11 of the law stipulates that courts are
\nadministratively, financially and organizationally under the
\nMinistry of Justice.<\/p>\n
He also called for stricter recruitment of judges and a merit
\nsystem to be immediately implemented in promoting them.<\/p>\n
Paulus said that a sufficient salary also played a crucial
\nrole in fending off \"external influences\".<\/p>\n
\"The judges in Bangladesh are paid between Rp 4 million to Rp
\n5 million per month, while here judges with more than 25 years
\nexperience are paid between Rp 1.5 million and Rp 2 million,\" he
\nsaid. (byg)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/legal-institutions-must-seize-their-independence-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}