The face of justice<\/p>\n
Chief Justice Sarwata could not have started his term in the
\nSupreme Court at a worse moment. He assumed his job this month
\nwhen the integrity and independence of the Supreme Court have
\nbeen questioned. Its image has already taken a severe beating,
\nespecially these past few months, over allegations of a
\ncorruption scandal. But barely a month into his job, Sarwata
\nmust now deal with another issue that has raised new questions
\nabout the honor of the country's highest court.<\/p>\n
We are referring to the Supreme Court's ruling on the State
\nvs. Muchtar Pakpahan, in which it reversed its own decision and
\nthen ruled in favor of the state, condemning the labor leader to
\nprison.<\/p>\n
Reversing its own ruling is rare, but not unprecedented in the
\nSupreme Court's history. This is the second publicly known
\noccurrence for Soerjono, the chief justice who reversed the
\nMuchtar Pakpahan case in the last days of his tenure. His first
\nreversal came last year, when he ruled in favor of the Irian Jaya
\nprovincial administration in a land dispute. The reversal in the
\nlatest case was signed in late October by Soerjono and two other
\njustices, including Sarwata, who was then deputy chief justice.<\/p>\n
What is most astonishing about this affair is that the Court
\nagreed to take on a government prosecutor's request to review the
\ncase. Normally, such requests come from defendants. Taking on a
\ngovernment prosecutor's request in a criminal case is unheard of.<\/p>\n
This is not the kind of groundbreaking initiative that people
\nhad expected from the Supreme Court to restore its image and
\nregain people's trust in the legal system.<\/p>\n
Muchtar has seen his luck in the court battle change course
\nseveral times. First, the Medan District Court found him guilty
\nof inciting a workers' riot in the North Sumatran city in 1994.
\nHe received three years. He appealed, but the North Sumatra High
\nCourt not only upheld the verdict, it added one year to his
\nprison term. On appeal, the Supreme Court acquitted him of all
\ncharges. Then came the reversal, with the Supreme Court upholding
\nthe High Court ruling and condemning the labor leader to four
\nyears imprisonment. This decision is apparently final.<\/p>\n
Soerjono no doubt has furnished strong legal reasons in
\ndeciding to reverse the Supreme Court's previous ruling. These
\narguments are now the subject of debate among legal experts.<\/p>\n
To the cynical layperson, the reversal shows the power the
\ngovernment has over the country's highest court. To many who have
\nbeen following the Supreme Court's inner conflicts, the reversal
\nis seen as the latest in the personal battle between Soerjono and
\nAdi Andojo Soetjipto. Justice Adi, whose decision it was to
\nacquit Muchtar, was the one who alerted the public about alleged
\ncorruption practices in the Supreme Court. It is public knowledge
\nthat the two senior justices were not on good terms.<\/p>\n
The real reasons behind the reversal might never be known. But
\nwhatever they are, the move is a bad precedent, one that could
\nhave negative repercussions for the Court and the legal system.<\/p>\n
The reversal has virtually thrown the Supreme Court's door
\nwide open for every one, plaintiffs and defendants alike, to
\nfight their court battles all the way up to the Supreme Court.
\nThey will do this not necessarily in the quest for justice, but
\nmore in the hope that the Court could flip-flop again. They will
\nnot take seriously the decisions in the district court, the high
\ncourt or even the first ruling by the Supreme Court. They know
\nthat there is always hope of winning in the case review. The
\nSupreme Court will no longer be the last bastion of justice, it
\nwill become the only bastion for justice, at least on earth.<\/p>\n
At a time when the Supreme Court is already struggling to
\nclear up a huge backlog of cases -- estimates range from 14,000
\nto 20,000 -- the last thing the Court wants is more and more
\ncourt cases being thrown at its door. The reversal in the Muchtar
\nPakpahan case, unfortunately, has done just this.<\/p>\n
The challenge facing the new chief justice is big indeed.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/the-face-of-justice-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }