Wanted: A good judge<\/p>\n
Was President Abdurrahman Wahid wrong in proposing Benjamin
\nMangkoedilaga as chief justice? Constitutionally, the President
\ndoes not have the right to meddle in the judicial body. The
\nprerogative to nominate members of the Supreme Court, including
\nits chief, belongs to the House of Representatives. The President
\nonly selects the person among the nominees proposed. The
\nPresident, therefore, has overstepped his authority when he
\nsuggested that Benjamin, a former judge whose commitment to
\ndemocracy and justice is beyond doubt, take over from Chief
\nJustice Sarwata when the latter reaches the mandatory retirement
\nage of 65 in August.<\/p>\n
It is no wonder that many existing judges, including justices
\nof the Supreme Court, are up in arms against the very idea of the
\nPresident trying to influence the appointment of the country's
\nnumber one judge. His action apparently is also in violation of
\nthe 1985 Law on Supreme Court which says that the head of the
\nSupreme Court must be selected from existing pool justices.<\/p>\n
Yet, it is one thing to declare one's wishes, and another to
\ntry to impose one's will. The President may have been in the
\nwrong, both constitutionally and legally, but he is reflecting
\nthe wishes of many people in this country that someone with a
\nproven track record and strong reputation like Benjamin should be
\nin charge of the country's highest court. It also reflects the
\nPresident's distrust, again widely shared by the public, in the
\nability of the legal system to dispense justice, because the
\ncourt has for decades been a tool to serve the interest of the
\nNew Order regime.<\/p>\n
This feeling of mistrust goes straight to the top people who
\nrun the country's judicial system, which means almost the entire
\nSupreme Court. These senior judges have all been appointed under
\npast regimes of Soeharto and Habibie. Most have colluded with the
\npowers that be, depriving the people in this country of justice.
\nThey have made a mockery of the Supreme Court as the last bastion
\nof justice, making decisions that continually favored the regime
\nwhen people turn to them for equitable judgement.<\/p>\n
The best example of this is the infamous 1996 Supreme Court
\ndecision reversing the Jakarta State Administrative Court ruling
\nwhich faulted the government for closing down Tempo magazine in
\n1994. That bold decision against the government was made by no
\nother than Benjamin. Unfortunately but not unexpectedly, he paid
\ndearly with his professional career for this courageous stand
\nagainst the Soeharto regime. He was moved out of Jakarta after
\nhis celebrated ruling, and then phased out the judiciary.<\/p>\n
The existing justices in the Supreme Court have let the nation
\ndown far too often in the past, raising doubts about their
\ncommitment to justice, should one become the Chief Justice in the
\ncurrent era of democracy. Since the downfall of the Soeharto
\nregime in 1998, the legal system has been one of the primary
\ntargets for reform. Yet, little has been done with regard to
\nrevamping the courts, which, many people will testify, are
\nrampant with collusion and corruption.<\/p>\n
The entire judicial body needs to be revamped to bring it up
\nto date with the current environment of democracy and justice.
\nReform is a long process, but what better way to launch it than
\nby starting from the very top, that is, the Supreme Court.
\nBenjamin, unlike other justices, is not tainted with the
\ncorruptive practices of the past, and could well be just the
\nright person to head the court. While the President is as
\ncommitted to upholding the law as the next person, the law
\nrequiring the chief justice be selected from existing justices
\nmust be waived, should none of them meet the criteria and demands
\nof the time.<\/p>\n
President Abdurrahman may not have the authority to nominate
\nthe next chief justice, but he definitely spoke for many people
\nin this country when he proposed Benjamin for the job. The House
\nof Representatives, whose task it is to nominate the candidates,
\nshould heed the wishes of the people.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/wanted-a-good-judge-1447893297",
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"sponsor": "Okusi Associates",
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