'Political will needed to boost judiciary'<\/p>\n
By Sugianto Tandra<\/p>\n
JAKARTA (JP): Legal experts welcome Chief Justice Sarwata's
\npromise to restore the image of the Supreme Court but say that
\nhis expression of goodwill will not succeed without political
\nsupport, particularly from the government.<\/p>\n
Muladi and Loebby Loqman, both prominent professors of law,
\nand noted lawyer Frans Hendra Winarta said in separate interviews
\nwith The Jakarta Post Tuesday that Sarwata's intention should be
\nappreciated and supported to bring about change.<\/p>\n
Muladi said the Supreme Court would not be able to restore its
\nimage of its own accord, while Frans called for greater efforts
\nto make the country's judiciary more independent of the executive
\nbranch.<\/p>\n
Loebby welcomed Sarwata's intention to make the Supreme Court
\nmore transparent, saying this was sure to earn it much public
\nrespect.<\/p>\n
Sarwata, appointed to head the country's highest court in
\nNovember, announced his plan after meeting with President
\nSoeharto on Monday.<\/p>\n
The chief justice unveiled a five-point plan he hopes will
\nhelp restore the court's image, tarnished by its own
\ninconsistencies and allegations of rampant collusion by one of
\nits members.<\/p>\n
The five points are \"re-disciplinization\" (to restore
\ndiscipline among the court's members), revitalization,
\nrestructurization, reorganization, and \"refunctionalization\" (to
\nrestore the proper functions of the court and its organizations).<\/p>\n
Sarwata also announced his intention to make the Supreme
\nCourt's workings more accessible to the public by the year 2000.
\nA computer program is currently being developed that will give
\nthe public the ability to monitor the progress of any lawsuit
\nhandled by the court \"at the touch of a button\".<\/p>\n
Sarwata, a career justice, took the helm from Soerjono when
\nthe court's image was at its lowest ebb.<\/p>\n
A series of reversals that came out of the Supreme Court, the
\nallegation of collusion by a senior justice that became public in
\nApril and the subsequent row between Soerjono and Justice Adi
\nAndojo Soetjipto shook public confidence in the court.<\/p>\n
Sarwata inherited a backlog of over 16,000 cases from his
\npredecessor, further undermining confidence in the court's
\nability to provide swift and fair justice.<\/p>\n
Muladi, a professor of law and rector of Diponegoro University
\nin Semarang, is pessimistic that the Supreme Court's image can be
\nrestored during Sarwata's tenure, expected to end in four years
\ntime when the judge turns 65.<\/p>\n
Muladi said Sarwata would be remembered for initiating the
\ndrive and for setting the court's priorities correctly. Muladi
\nalso called for a more comprehensive and encompassing effort in
\nstrengthening the court and its image.<\/p>\n
He said other members of the legal profession, the Ministry of
\nJustice and the government must support the move.<\/p>\n
\"He (Sarwata) would also have to be open to suggestions from
\nexperts,\" he said.<\/p>\n
Muladi said the Supreme Court must show greater concern for
\nhow laws are being applied by it or the lower courts.<\/p>\n
Much legislation has become out of date and should not be
\nused, he said, citing the 1963 antisubversion law as an example.<\/p>\n
The Supreme Court also faces a daunting challenge given that
\nthe majority of people in Indonesia still do not comprehend their
\nlegal rights and obligations.<\/p>\n
\"Many still lack knowledge of the mission and vision of a
\nstate based on law,\" he said.<\/p>\n
The Supreme Court rulings, he said, serve three functions: to
\ngive fair judgment to justice seekers, to provide clear
\ndefinition of law reforms and to give nuances to law education.<\/p>\n
\"Sadly, many rulings have been discouraging,\" he said, citing
\nthe Supreme Court's October reversal of its ruling in the case
\nagainst labor leader Muchtar Pakpahan.<\/p>\n
Frans Hendra Winarta, a member of Indonesian Legal Aid
\nFoundation's board of trustees, said Sarwata's \"goodwill\" was not
\nenough to restore the court's image.<\/p>\n
\"People want to see concrete changes,\" Frans argued,
\nsuggesting the Supreme Court be given full authority in
\nadministering the affairs of all Indonesian judges, making them
\ntruly independent of the executive branch.<\/p>\n
While judges currently answer to the chief justice, their
\nsalaries, and to a large extent their professional career, are
\ndetermined by the Ministry of Justice.<\/p>\n
Legal experts pointed to many instances where judges were
\nafraid to rule against the government -- effectively their
\npaymaster -- even though evidence pointed to the contrary.<\/p>\n
Frans said the government must show the \"political will\" to
\ngive the judiciary branch full independence. Only then will
\nSarwata's efforts truly pay off, he added.<\/p>\n
Loebby said Sarwata's plan to make the Supreme Court
\ntransparent will allow public scrutiny of the court.<\/p>\n
\"I'd suggest the court use the Internet, making its decisions
\nopen for examination by experts,\" he said.<\/p>\n
Transparency will force judges and justices to think more
\nthoroughly before passing judgments, in turn preventing the
\ncontroversial rulings of the past, he said.<\/p>\n
\"Hopefully the practice and the science of law will in turn be
\nled in the right direction,\" he said.<\/p>\n
Loebby welcomed Sarwata's intention to strengthen teamwork
\namong members of the Supreme Court and to make all major rulings
\ncollective rather than an individual decisions.<\/p>\n
\"Concerning law reformation, decisions should come as a
\nconsensus from all members of the Supreme Court, not a decision
\nby the chief justice or a panel of justices,\" he said.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/political-will-needed-to-boost-judiciary-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}