Benjamin gains support to head Supreme Court

YOGYAKARTA (JP): Benjamin Mangkoedilaga, a reputed former judge, is the right man to head the Supreme Court, and his promotion to hold the post is lawful, a Yogyakarta-based law expert, Prof. M. Mahfud MD says.

The professor at the Indonesian Islamic University (UII) said on Thursday that he supported President Abdurrahman Wahid's plan to promote Benjamin, who is currently a member of the National Commission on Human Rights.

"He is one of few judges with integrity and independent judgement in upholding the law. I think he is the right man for the top position in the supreme court (MA)," he told The Jakarta Post here on Thursday.

He said there was an urgent need to implement judicial reform in the country. "The reform movement will succeed if most of the supreme court judges were replaced by new ones," he said.

Several supreme court judges have expressed their intention to quit if Benjamin is appointed the head of the Supreme Court. They said Benjamin was 'too junior' to head the prestigious body.

Some said that President Abdurrahman's plan was not in compliance with law No. 14/1985 on Supreme Court. The law specifies, among other things, that the chief of the Supreme Court is recruited from career judges and that the House of Representatives (DPR) (not the President) has the prerogative to elect the chief justice.

"The House of Representatives, has the responsibility to initiate the replacement of the supreme court chief and they should support President Abdurrahman's candidate for the position," Mahfud said.

Mahfud contended that judicial reform would not work unless a 'major overhaul' in judicial incumbents was made.

"Almost all judges have been spoiled by corruption and collusion," he said. "Only a few of them are still clean."

He also emphasized that the "mafia at court" could not be wiped out without cleaning up the Supreme Court first.

He said Abdurrahman's wish to promote Benjamin was fair. Better than nominating 'somebody else' from another profession.

According to Mahfud, the current law on Supreme Court should be revised in order to make it possible for those considered qualified, not just career judges, to lead the Supreme Court.

"Because the position was more a political post than a public servant post. It is similar with the Attorney General post," he said. (44)