RI needs justices with integrity<\/p>\n
By T. Mulya Lubis<\/p>\n
JAKARTA (JP): This is the first time that the Supreme Court
\nhas been struck by a crisis so severe. The issue of collusion in
\nthe highest judicial institution and the call to fire Justice Adi
\nAndojo Soetjipto -- the man who blew the whistle -- have been
\ngiven daily coverage in the media. Now there are demands for the
\ndismissal of the chief justice.<\/p>\n
It is sad to witness the crumbling stature of this noble
\ninstitution. The court that plays such a pivotal role in
\nupholding the law has been tainted and is even despised to a
\ndegree. The last bastion of justice and a state based on law are
\nslowly degenerating.<\/p>\n
The chief justice should act firmly to respond to the public's
\ndemands for an inquiry. If necessary, an independent
\ninvestigating team should be set up. The investigation carried
\nout by Kowarsus, an internal court body, satisfied very few.<\/p>\n
In Malaysia, independent investigators were recently called in
\nto handle a collusion case involving a justice, who later
\nresigned. Prime Minister Mahathir said that the resignation
\nshould be seen as a penalty in itself. Whether the public is
\nsatisfied or not with the resignation, one could sense the
\nseriousness of the investigation with the involvement of an
\nindependent party.<\/p>\n
We should take the Malaysian experience as a valuable lesson,
\nespecially given the fact that the collusion case here has become
\na public issue and that the Supreme Court is a public
\ninstitution.<\/p>\n
So, what was at fault then?<\/p>\n
Some have blamed the press for leaking the story and for
\nfanning the flames. Even Adi Andojo once remarked that had the
\npress not leaked the story the issue never would have reached
\nsuch proportions.<\/p>\n
But certainly this should not be regretted since news hunting
\nis a function of the press. We are living in a world in which
\ncensorship of the press no longer works. Advanced technology
\nbrings news right into our homes. We have to understand the
\ncritical nature of the press.<\/p>\n
Looking at the issue honestly, the Supreme Court's tainted
\nimage was not caused by incessant press coverage but by the
\ninstitution's failure to solve the issue transparently.<\/p>\n
The matter was made worse by a letter from the chief justice
\nto the President that asked for Adi Andojo's dismissal. Those who
\nsuggest that the request was an invitation to interfere in the
\nSupreme Court's affairs, or testimony that the highest legal
\ninstitution is subordinate to the executive branch, were right.<\/p>\n
Furthermore, paragraph 11 of Law No. 14\/1985 says that
\njustices can only be dismissed when they make an application to
\nresign, when they are of failing health, when they turn 65, or
\nwhen it has become apparent that they are no longer able to
\nperform their duties.<\/p>\n
None of these points are applicable to Justice Adi Andojo. The
\njustice has made a number of landmark decisions in his career,
\nincluding in the Marsinah and Mochtar Pakpahan cases.<\/p>\n
It is regretful that the chief justice sent a letter to the
\nPresident asking for Adi's dismissal. Hopefully the head of state
\nwill ignore the request.<\/p>\n
It is widely known that the letter was sent after the
\nAssociation of Indonesian Advocates issued a public plea calling
\nfor the resignation of Chief Justice Soerjono. Although we can
\nunderstand the spirit behind the association's call, it still
\namounts to interference. We may disagree with the chief justice
\nbut demanding his dismissal will only weaken the Supreme Court. A
\nweak Supreme Court could result in lax constitutional and legal
\ncontrols and have long-term consequences.<\/p>\n
We are badly in need of justices with integrity and this case
\npoints to the need for an improved recruitment system. If we
\nselect judges under today's conditions we cannot expect to have a
\nstrong and authoritative Supreme Court. An undermined Supreme
\nCourt would only become an extended arm of power and a tool
\nsubordinate to the dominant political and economic groups.<\/p>\n
Better selection should be supported by better remuneration.
\nJustices are the guardians of the Constitution and as such they
\nshould have their needs, security and otherwise, properly met.<\/p>\n
The writer is a noted human rights activist and a Jakarta-
\nbased corporate lawyer.<\/p>",
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"sponsor": "Okusi Associates",
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