Bogor pact dictates need for clean govt

The Asia Pacific Economic Cooperation leaders meeting in Bogor has just ended. The immediate task for member countries is to pave the way for trade liberalization. One of the obvious challenges is the creation of clean government. Charles Himawan, an expert on law, takes a close look at this problem.

JAKARTA (JP): President Soeharto wisely remarked recently that everyone must support the implementation of human rights. Two human rights which need strong support, but which too often are overlooked, are the right of the people to have a clean and competent government and the right of civil servants to have a decent livelihood (Article 27, Paragraph 1 of the 1945 Constitution).

Many statesmen argue that this can only be established if a government is manned by intelligent and talented people who are well paid, and, therefore, "immune to exterior financial temptation".

Aware that these are difficult requirements, Singapore's Senior Minister Lee Kuan Yew warned Prime Minister Goh Chok Tong to always employ the best sons of the nation in governing the country and to pay them salaries which are competitive with the private sector.

During the revolutionary period, when the nation was fighting for political freedom, money and other material considerations were ignored. Revolutionaries, generals and other patriots were ready to become leaders even if they had to operate from a make- shift tent in the jungles, or the mountains. More importantly, their wives and children supported their idealism. Because of this, they succeeded in their fight for political freedom.

Palace-like houses and Mercedes automobiles were out of the question.

However, as the nation's economic development began, money and material considerations started to serve as yardsticks of success and prestige. Because of this, and fearing that talented people would only go to the private sector, Goh increased the salaries of Singapore's civil servants.

Lee believes that good pay is a prerequisite for a clean government, as reflected in his words: "You must pay the civil servants and ministers well, in relation to what their peers will earn in the private sector. That is how we build up a clean, honest and competent government."

With a US$60 billion economy, Singapore feels that it is justified in paying its ministers a total of US$11.6 million. Similarly, Indonesia may argue that with a US$30 billion economy, all Indonesian ministers should receive a total of US$5.8 million annually.

Goh's annual salary of US$780,950 is at the top among APEC leaders (Asiaweek, Nov. 16, 1994), and is therefore immune to any kind of "exterior financial temptation". Clearly, Singapore is determined to lure intelligent people into becoming civil servants, because if these smart people are monopolized by the private sector, there is danger that the private sector will govern the public sector instead. If this happened, collusion would be rampant and corruption would be difficult, if not impossible, to eradicate, thus making a clean government nothing more than a dream.

Besides high salaries, there are certainly other factors which contribute to the establishment of a clean government, such as high moral values and enviable work ethics. However, perhaps the most important factor is an independent, reliable and powerful judicial system.

The role of the courts and the rest of legal system will be crucial when Indonesia implements the APEC free trade accord. Free trade means no more monopoly and no more collusion.

It is heartening to know that in the wake of the APEC agreements, that many Indonesian conglomerates are showing signs of shunning monopoly.

And no collusion will mean that businessmen cannot seek the protection of government officials. They will have to defend their economic rights on equal terms with others before a judicial body.

Aware of the crucial role that the judiciary will play, Indonesia recently raised the salary of judges. Salaries now range from US$150 monthly for the most junior judge to US$500 monthly for the Chief Justice (Kompas, Nov. 4, 1994).

In view of the quality of life that Indonesia has hitherto achieved, many consider this scale still too low. Judges in many parts of the world receive quite a substantial sum in wages. Judges in Singapore, for example, receive from US$3,400 a month for a District Court judge to US$17,685 monthly for the Chief Justice.

Many economists set the ceiling of a middle class income in Indonesia at US$2,500. Because of the dignity inherent in the profession, judges surely should not be below this income level. In view of this, all concerned businessmen and people active in the legal sector should find a way to support the right of the judges to have a decent livelihood, and hence to ensure the success of regulation PP No. 34/1994 regarding judges' salaries. This is vital in preparing for the implementation of the Bogor accord.

Charles Himawan is professor of law and economics at the University of Indonesia and a member of the National Commission on Human Rights.