Legal system not responsive to changing climate<\/p>\n
JAKARTA (JP): Indonesia's legal system is not responsive to
\nthe rapidly changing societal environment and this partly
\naccounts for the waning reputation of the country's courts,
\nJustice Minister Oetojo Oesman said yesterday.<\/p>\n
Oetojo said that while the 100 percent hike in judges'
\nsalaries is intended to remedy the weaknesses in the legal
\nsystem, it is no guarantee that the judges will improve their
\nperformance overnight, or that this will solve the problems
\nbesetting the country's legal system.<\/p>\n
The minister called a media conference in his office yesterday
\nto review the legal system in 1994. During the session, reporters
\nasked questions on the hottest topic of the day in legal circles
\n-- the reputation of the Indonesian courts and their judges.<\/p>\n
Oetojo said part of the problem stemmed from the lack of new
\nlegislation in Indonesia, which would make it easier to cope with
\nthe changing societal environment.<\/p>\n
"We do not have any regulations governing the sanctions for
\ndisobedient debtors or investors," he said, citing an example.<\/p>\n
Pointing out the massive loan scandal at the state-owned Bank
\nPembangunan Indonesia (Bapindo), he said present banking laws
\nonly regulate the function of banks in general, but not the
\ncredit mechanism.<\/p>\n
He said Indonesia has also been left powerless as foreign
\nmanufacturers steal the copyrights for Indonesian garment
\nproducts because the law does not make provisions for Indonesia's
\nbecoming a major textile exporting country.<\/p>\n
He said the hefty increase in the salaries of judges beginning
\nnext month is a welcome development and is expected to make
\njudges more independent in their work.<\/p>\n
While agreeing with critics who say that it will take more
\nthan a big salary increase to make judges independent, he said
\nthe image problem of the nation's courts could not be entirely
\nblamed on the judges. He cited the prosecutors, the police, the
\nlawyers and the parties in dispute as contributing factors.<\/p>\n
The judges are only one of the components in the legal system,
\nhe said.<\/p>\n
He agreed that there is a need to continually upgrade the
\nquality and capability of judges and also for stricter procedures
\nfor recruiting judges in order to enhance the credibility of the
\ncourt system.<\/p>\n
Oetojo, whose portfolio gives him administrative control over
\nthe judges, disagreed with the suggestion that the other
\nprofessionals in the legal system should also be given a similar
\nwage increase.<\/p>\n
"The judges hold the biggest responsibility in every court
\ndecision because they are the ones who ultimately determine the
\noutcome of a trial," he said.<\/p>\n
Critics of the judges' salary increase said that the move will
\ncause envy among the other professionals in the legal circles.<\/p>\n
Responding to this, Oetojo said that the various professions
\nshould create some kind of financial incentives to encourage
\nbetter performance from their members. The funds could come from
\ncontributions from the members of the profession themselves.<\/p>\n
Police, for example, could award their members who succeeded
\nin busting a drug syndicate, he said. (imn)<\/p>",
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