Mon, 18 Apr 1994

Chief Justice demands assurances of court's independence

JAKARTA (JP): Chief Justice Purwoto Gandasubrata has asked President Soeharto to help raise the standards of Indonesia's courts of law.

Purwoto told reporters that, in a conference with the President on Saturday, he discussed the need to firmly establish the courts as a forum for justice and integrity as Indonesia embarks on the Sixth Five-Year Plan starting on April 1.

He recalled that the improvement of ethics and standards in the legal sector is one of the main priority areas under the Plan because it is considered vital to the success of the national development.

"I pleaded to the President that the courts be treated the way they should be in a country that holds the law in such high regard," he said.

"The Supreme Court plans to start `back to law' and `back to a law-based nation' campaigns," he said. "Everyone, those in the administration and the people, must respect the law. By the same token, the state must guarantee the constancy of the laws themselves."

The President, he added, was in full agreement.

Purwoto acknowledged that recently the integrity of the courts of law has come under close public scrutiny and stressed that it was his intention to re-establish the good name of the courts and the legal system.

Many government critics have questioned the independence and impartiality of the judges when they deal with cases involving the government given their status as civil servants.

The court's image has also been shattered in the past month by allegations that a number of judges in Surabaya, East Java, accepted bribes from defendants whom they acquitted of tax evasion charges.

One of the judges has since been transferred to the Supreme Court for non-litigation assignments and will soon be investigated by the Honorary Council of Judges.

The judge in question, Sarwono, has also seen his planned promotion from being deputy chief of the Surabaya Court to chief of the Medan court in North Sumatra postponed because of the allegation.

The basis

"He will be investigated and will be given a chance to defend himself," Purwoto said.

He added the Supreme Court is working on the basis of presumption of innocence. "If he is proven innocent, we will of course reinstate his good name."

He said that Sarwono's investigation will not affect his decision to acquit the defendants of tax evasion charges and that the result stands at the present time. The verdict could change at the appeals' court or the Supreme Court later, he added.

Judge Sarwono has denied the bribe allegations.

Purwoto said he also reported to President Soeharto about how the Supreme Court is now pressed to find new judges given that two more will soon retire.

The House of Representatives, which has the right to nominate the judges for the Supreme Court, has proposed 20 names to President Soeharto for the 10 positions which are already vacant.

"The Supreme Court is badly understaffed now," Purwoto said.

He also reported to President Soeharto about his plan to visit China on May 1-7 and also about the planned visit of his Turkish counterpart in June. (emb)