Sarwata's 5-point plan gets mixed reaction<\/p>\n
By Sugianto Tandra<\/p>\n
JAKARTA (JP): Legal experts gave mixed reviews over Chief
\nJustice Sarwata's five-point plan to improve the Supreme Court's
\nimage, but all agreed such a task would be an uphill battle.<\/p>\n
Harkristuti Harkrisnowo, a lecturer at the University of
\nIndonesia, challenged Sarwata to act on his words, saying he
\nshould prove his intention to improve Supreme Court justices'
\ndiscipline was not mere lip service.<\/p>\n
\"It'll take some time to restore the court's image, but I
\nbelieve the chief justice can do it if he's really committed,\"
\nshe told The Jakarta Post Saturday.<\/p>\n
Earlier in a press briefing, Sarwata admitted the Supreme
\nCourt's image had been tarnished by allegations of collusion and
\nof rulings many experts branded as legally inconsistent.<\/p>\n
Sarwata then announced he had formulated a plan to revitalize,
\nrestructure, reorganize, return the court to its original
\nfunction, and improve justices' discipline. He did not elaborate.<\/p>\n
When contacted for further details of the plan, Supreme Court
\nSecretary-General Mangatas Nasution refused to comment. He did
\nsay, however, that the chief justice would explain the plan
\nhimself at the end of a three-day national meeting of the court,
\nopened yesterday in Yogyakarta.<\/p>\n
Harkristuti said that by \"revitalization,\" Sarwata might want
\nto empower the Supreme Court so it produced only quality rulings
\nwhich were in agreement with the law and social development. She
\nmentioned a number of rulings which contradicted such guidelines.<\/p>\n
She cited the Supreme Court's contradictory decisions in the
\ncase of land appropriation for the construction of Kedung Ombo
\nDam in Central Java, and on the imprisonment of labor leader
\nMuchtar Pakpahan. \"Those decisions left many legal scientists at
\nsea,\" she said.<\/p>\n
In the first case, then chief justice Purwoto S. Gandasubrata
\noverturned in 1994 an earlier ruling by justice Asikin Kusumah
\nAtmadja that favored 34 Central Java residents affected by the
\ndam's construction.<\/p>\n
Asikin had ruled in 1993 that the government had violated the
\nlaw by starting construction of the dam in January 1989, which
\nwas before the residents had agreed to the compensation offered.<\/p>\n
Late last year, then chief justice Soerjono overturned an
\nearlier decision made by Justice Adi Andojo Soetjipto that
\nexonerated Pakpahan of charges of inciting labor unrest.<\/p>\n
\"Sarwata would be considered successful in revitalizing the
\ncourt if it were to start producing quality decisions,\" she said.<\/p>\n
In addition, the chief justice could be considered successful
\nif he managed to improve supervision of the lower courts, as is
\nthe Supreme Court's responsibility.<\/p>\n
As for reorganizing, Harkristuti said it would mean the
\nSupreme Court examining the way it handles cases. She agreed the
\njustices needed better discipline, and the court needed stronger
\ncampaigns against practices of collusion.<\/p>\n
She criticized the court for branding a justice as being
\nundisciplined for daring to speak of unpleasant truths about the
\ncourt.<\/p>\n
Skepticism<\/p>\n
Professor of law J.E. Sahetapy of the Surabaya-based Airlangga
\nUniversity separately expressed doubt that Sarwata could restore
\nthe court's image.<\/p>\n
\"He'll fail and what he planned to do would be useless if he
\nfails to open the court's real Pandora box,\" Sahetapy said
\nSaturday.<\/p>\n
He referred to two cases, which some observers believe have
\nyet to be solved, as examples: the alleged collusion involving
\nsenior justices, and the ruling on Pakpahan.<\/p>\n
\"Unless he dares to reopen the cases, how can we hope for a
\nchange for the better?\" Sahetapy asked.<\/p>\n
Another legal expert, Adnan Buyung Nasution, said Sarwata
\nshould be able to convince the government of the supremacy of the
\nlaw.<\/p>\n
\"A free, independent and impartial judiciary should be ensured
\naccording to the rules of the law, the constitution. In addition,
\nthere should be a judiciary that is free from government
\nmeddling,\" Buyung told the Post.<\/p>\n
According to Buyung, the current legal system, which places
\njudges under the jurisdiction of the Ministry of Justice, does
\nnot help in establishing an impartial and independent judiciary.<\/p>\n
\"If Sarwata could do that (establish a free, independent and
\nimpartial judiciary), then his five-point policy will bear
\nfruit,\" he added.<\/p>",
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