Officials disregard Administrative Court<\/p>\n
JAKARTA (JP): Despite growing public support to stop
\ngovernment officials disregarding its decisions, the Jakarta
\nState Administrative Court is still facing difficulties caused by
\nmany officials turning a blind eye to its rulings.<\/p>\n
The administrative court cannot impose sanctions or fines on
\nofficials who are reluctant to abide by the its rulings, head of
\nthe court Benjamin Mangkoedilaga told The Jakarta Post yesterday
\nduring a lunch held to mark the court's 5th anniversary.<\/p>\n
The implementation of the administrative court's rulings
\ndepends on the political will of officials and the people.
\n\"In the last five years some officials have faced judicial
\nrestrictions on their decision-making ability and have not liked
\nit,\" Benjamin said.<\/p>\n
He called on officials to help make the administrative court's
\nrules effective by improving their moral standards and respect
\nfor its decisions. \"It has something to do with their mental
\nattitude.\" He added that it would take more than 20 years to make
\nall officials realize that they should have a moral
\nresponsibility to be accountable for their decisions.<\/p>\n
The luncheon was also held to bid Benjamin farewell as he has
\nbeen appointed to be a judge at the Medan High Administrative
\nCourt.<\/p>\n
Benjamin will be replaced by Lintong O. Siahaan. But as
\nSiahaan is still in position as head of the Bandung State
\nAdministrative Court, Sudarto Radysuwarno will temporarily
\nreplace Benjamin.<\/p>\n
Benjamin's sudden departure has sparked wild rumors, with many
\npeople saying that he was demoted and sidelined by the government
\nbecause of his consistent stance on rulings over controversial
\nissues.<\/p>\n
But Benjamin himself considers his sudden transfer to Medan a
\npromotion.<\/p>\n
He said that public awareness of the need to control the
\ngovernment's decisions through legal procedures has increased
\nsince the administrative court was established.<\/p>\n
During its five-year lifetime, the court has received 894
\nlawsuits; 166 in 1991, 207 in 1992, 156 in 1993, 198 in 1994 and
\n167 in 1995. Most of the lawsuits were on land and permit cases,
\nBenjamin said.<\/p>\n
Several recent cases have demonstrated his point. Some
\nworkers' lawsuit against the director of the state-owned
\ntransport company PPD and a student's lawsuit against the
\nUniversity of Indonesia rector are but two.<\/p>\n
The court ruled that the decision made by the director of PPD
\nto fire 10 bus crew members was unlawful and that the company had
\nto pay their salaries. The company did not accept the court's
\ndecision until after more than two months of tough negotiations.<\/p>\n
On Dec. 21 last year the court issued a decision asking the
\nUniversity of Indonesia rector to postpone the suspension of a
\nstudent of the school of medicine. The rector has not yet
\npostponed the suspension.<\/p>\n
Benjamin said that several officials have criticized the
\nadministrative court for its decisions which do not favor them.<\/p>\n
The Jakarta State Administrative Court is also facing a
\nshortage of personnel, he said. \"The court should have 15 judges,
\nwhile at the moment it has only eight.\" (29\/14)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/officials-disregard-administrative-court-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}