Verdicts show court integrity: Expert<\/p>\n
SEMARANG, Central Java (JP): The integrity of the courts of
\nlaw is determined to a large extend by the verdicts they produce,
\nnoted law expert Satjipto Rahardjo said.<\/p>\n
Joining in the end of year nationwide polemic on the
\nperformance of the courts in Indonesia, Satjipto said that the
\ncourts cannot ask for the respect of the public. Rather it should
\ngain that respect through its deeds, in this case its verdicts.<\/p>\n
\"We can draw an analogy with teachers. A teacher does not need
\nto scream at his students to demand they show him respect,\" said
\nthe law professor at the state-run Diponegoro University.<\/p>\n
\"A teacher can only command respect by teaching properly,
\nsharing his knowledge. This will impress the students and they,
\nin turn, will respect him,\" he told The Jakarta Post.<\/p>\n
Satjipto also said that the courts must show greater
\nconsistency from one ruling to another if they want to gain
\ngreater public respect.<\/p>\n
Recently the integrity of the courts has been questioned by
\nsome legal experts following a number of controversial rulings it
\nmade this year. Some of the rulings reflected its independence
\nand won plaudits but others prompted jeers and raised questions
\nabout how far the courts really are in being independent of the
\ngovernment.<\/p>\n
The government's plan to raise judges's salaries by 200
\npercent, designed to strengthen their integrity, beginning in
\nJanuary, has further fueled the debate.<\/p>\n
Satjipto said one of the best verdicts to come this year was
\nthe one issued by justice Asikin Kusumah Atmadja, of the Supreme
\nCourt, in his decision to reverse the high court ruling in the
\nKedung Ombo land dispute and award judgment for the villagers and
\nnot the government.<\/p>\n
He referred particularly to the content of the verdict and not
\nthe decision itself, which has since be overturned by the Supreme
\nCourt upon appeal from the government. Asikin has since been
\nretired from the Supreme Court.<\/p>\n
He said Asikin, in his ruling, elaborated at length about the
\n\"deliberation\", giving his constructive interpretation of the
\nword and then faulting the government for failing to indulge in
\nthis activity in setting compensation for the villagers whose
\nland was procured by the state for a huge reservoir.<\/p>\n
The Supreme Court simply did not believe that the government
\nhad taken the necessary steps to deliberate with the villagers,
\nSatjipto said.<\/p>\n
He also argued that the courts performance is also determined
\nby the social structure in which they exist. \"They are public
\ninstitutions and therefore, cannot be independent of the social
\nsettings,\" he said.<\/p>\n
\"Understanding the interactions between the courts and the
\nsocial structure is necessary in order to diagnose, and then
\nprovide a therapy to cure, the ills of our courts.\"<\/p>\n
Satjipto said the rises in judges salary, while timely, has
\nfueled a debate which, in turn, could raised the people's
\nexpectations of the judges' performance exceedingly high.<\/p>\n
\"This could boomerang on the judges themselves,\" he said.
\n(emb)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/verdicts-show-court-integrity-expert-1447893297",
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