Mon, 16 Feb 2004

Akbar's acquittal spurs call for control of court

Tiarma Siboro, The Jakarta Post, Jakarta

While the release of Golkar Party chairman Akbar Tandjung from corruption charges will soon become a past issue, the country badly needs a judicial commission to ensure the rule of law and a sense of justice, a former Supreme Court judge says.

Benyamin Mangkoedilaga suggested that the House of Representatives immediately endorse the bill on a judicial commission to enable an independent party to exercise control of the courts, including the Supreme Court.

"The country acknowledges the Supreme Court as the ultimate destination for people seeking justice, but sadly no institution can examine whether or not the Court properly implements the law," said Benyamin, who is known for his courage in issuing a verdict in 1994 that annulled the government's ban on Tempo magazine.

Benyamin said the commission would have the authority to examine a court's decisions, including the Supreme Court, as well as to question judges who issued controversial verdicts.

"The presence of a judicial commission is badly needed now," he said.

The Supreme Court acquitted Akbar from all charges on Thursday, canceling the lower courts' decision to sentence Akbar to three years in prison for corruption involving Rp 40 billion (US$4.8 million) of State Logistics Agency (Bulog) funds.

"The verdict should fulfill academic requirements by incorporating various opinions from legal experts. It has offended people's sense of justice."

Despite skepticism that Akbar's acquittal would set a precedence in difficulties in putting corrupt officials behind bars, Benyamin expressed optimism that the public could play a pivotal role in legal reform.

He said if the verdict fulfilled people's sense of justice, Akbar would lead Golkar to victory in the general election and win the first direct presidential election.

"We cannot say that the country's judicial system is free from political interference. Akbar's case is a good example. Now, people are the only hope to determine the future of legal reform," Benyamin said.

"If the verdict violates people's sense of justice, neither the Golkar Party nor Akbar will win the elections."

Golkar looks certain to nominate Akbar as its presidential candidate following the Supreme Court's verdict.

Another former justice Bismar Siregar said the President and the Vice President, in their capacity as the heads of state, had the authority to oversee the performance of courts in upholding the law.

"I admit that the country only has corrupt people to combat corruption, but we should not give up. We have to keep on fighting until the arrival of leaders who have integrity," Bismar said.