Time for Supreme Court to improve its image<\/p>\n
T.Sima Gunawan, Contributor, Jakarta , tabita@cbn.net.id<\/p>\n
A judge is one of the most respected professionals in society
\nwith such reverence and power that he or she is called "your
\nhonor".<\/p>\n
Whenever the judges enter the courtroom in their black robes,
\neveryone must rise and remain standing as the judges take their
\nseats. Anyone who fails to show proper respect could be charged
\nwith contempt of court.<\/p>\n
Judges, in this court system, have the last word in deciding
\nwhether one is right or wrong in a court of law. The decision
\nmust be made in accordance with the existing laws and
\nregulations.<\/p>\n
But law, however, is not mathematics which can be solved
\nthrough a scientific and exact calculation. There are many
\nfactors behind decisions, from social and economic factors to
\npolitics. Legal interpretations of the laws may vary and
\nsometimes court decisions become controversial.<\/p>\n
However, experience shows us that the judges here usually do
\nnot get admonished for poor decisions that they make, no matter
\nhow controversial.<\/p>\n
There are three levels of the courts in this country's
\njudicial system: The District Court, which is the lowest level,
\nthe Provincial or High Court and the Supreme Court. If one is not
\nsatisfied with the decision made by the judge at the first level,
\none may appeal to the higher level, and again up to the Supreme
\nCourt through a long, often painful process.<\/p>\n
In arriving at their verdict, the judges must base it on
\njustice and mention God the Almighty, as required by the law. But
\njudges are not God and like other human beings, they may make
\nerrors, as reflected by controversial decisions considered to go
\nagainst the public's sense of justice.<\/p>\n
The most recent case took place last week with the asset
\npreservation order by the East Jakarta District Court on a home
\nbelonging to Goenawan Mohamad, co-founder of Tempo magazine, as
\nwell as the office of Koran Tempo daily. The court order, in
\neffect, was to secure the house as collateral in a libel suit
\nfiled by business tycoon Tomy Winata. The orders were based on
\nthe request of the plaintiff, who demanded Rp 21 billion in
\ncompensation from Goenawan. Goenawan allegedly implied, in the
\nnewspaper, that Tomy was a thug, after a protest involving
\nintimidation and violence against Tempo journalists by Tomy's
\nbiggest fans.<\/p>\n
Such a request for the court to secure a defendant's assets as
\ncollateral is quite common. But many questions have been raised
\nabout the swiftness with which the court acted to execute this
\nparticular request. The order was made only a few days after the
\nrequest was filed and the court did not take Goenawan's
\ncredibility into consideration. Society would surely cheer if the
\ncourt issued such an order to immediately seize the assets of
\nsuspected corruptors -- which for the most part it has not -- but
\nnot such a respected figure like Goenawan.<\/p>\n
Judges are administratively under the Ministry of Justice and
\nHuman Rights, and technically under the supervision of the
\nSupreme Court.<\/p>\n
Minister of Justice and Human Rights Yusril Izra Mahendra
\nseemed to brush aside widespread criticism by saying merely that
\nan asset preservation order was a common practice.<\/p>\n
Chief Justice Bagir Manan seemed to take it a bit more
\nserious, calling upon judges not to become a tool in the hand of
\nany parties in a dispute. He said after meeting with Goenawan and
\nhis lawyers last Friday that he would study the procedures on the
\nissuance of the asset preservation order to see if there were any
\nirregularities. He also promised to give direction to the judges
\nconcerned.<\/p>\n
Many have lamented the poor implementation of the law, marred
\nby the rampant corruption among law enforcers, including the
\njudges. The problem lingers and has become worse.<\/p>\n
Corruption in the judiciary is, in a way, like a ghost.
\nEverybody talks about it, but it is hard to prove its existence
\ndue to lack of evidence. Bribes, of course, do not involve
\nwritten receipts nor even, perhaps, traceable bank transfers.<\/p>\n
Last year three Central Jakarta District Court judges --
\nTjahyono, CH Kristi Purnamiwulan and Hasan Basri -- were
\nsuspended for allegedly taking bribes to declare Manulife
\nbankrupt. The controversial verdict, which was later overturned
\nby a higher court, had caused an uproar as the company was
\nmathematically healthy and solvent.<\/p>\n
The three judges were investigated by the Supreme Court not
\nbecause they issued the verdict, but because they were accused of
\ntaking bribes. They were later reinstated after the Supreme
\nCourt's disciplinary committee found them innocent.<\/p>\n
In December last year, lawyer Wawan Iriawan reported an
\nalleged extortion attempt by judge Torang H. Tampubolon of the
\nSouth Jakarta District Court. He said that the judge had demanded
\nRp 3 billion in exchange for a favorable ruling for his client.
\nThe request was rejected, but Wawan said that his client had
\nbought the judge a cell phone upon the latter's request. The
\nSupreme Court had ordered an investigation into the case, but as
\nof today, the development of the case remains unclear.<\/p>\n
In the Tempo case, it would be premature to accuse the East
\nJakarta District Court judges of taking bribes. The Supreme Court
\nChief Justice has promised to investigate the case and people can
\nonly wait for the decision. But people have the right to know
\nabout the process and the Supreme Court must openly announce the
\nresult.<\/p>\n
So far, there is a lack of transparency in the investigation
\nof judges who are suspected of abusing their power. The Supreme
\nCourt has never released any data about the number of judges who
\nhave been investigated nor what action has been taken against any
\nwho have been found guilty.<\/p>\n
The Supreme Court must be transparent in order to avoid the
\naccusation that they, affected by "the spirit of the corps", are
\ntrying to cover up cases implicating fellow judges and make them
\na state secret. Such accusations are not exactly baseless.<\/p>\n
Many doubt the credibility of the Supreme Court, especially
\nafter last year's reports about the alleged corruption involving
\njustice Supraptini Sutarto and former justices M. Yahya Harahap
\nand Marnis Kahar. Two of them were later tried at the West
\nJakarta District Court and the other at the Central Jakarta
\nDistrict Court. But both courts dismissed the cases due to what
\nwas referred to as a legal technicality.<\/p>\n
When the reform movement was launched in 1998, the Supreme
\nCourt had the great opportunity to improve its image and show its
\nserious commitment to legal reform, given the public support for
\njudicial reform. It is not too late for the Supreme Court to do
\nits best to positively respond to the public outcry over the
\nfailure of legal reform by correcting the judiciary system now.<\/p>",
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