Controversial Manulife judges exonerated

Fabiola Desy Unidjaja, The Jakarta Post, Jakarta

Once again the Indonesian judiciary would appear to have shot itself in the foot with the Supreme Court finding the three judges who declared Canadian-based insurance company Manulife bankrupt innocent of all the allegations made against them.

The court also called on President Megawati Soekarnoputri to lift the suspension of the three judges in consideration of the findings of the disciplinary committee that examined their cases.

Minister of Justice and Human Rights Yusril Ihza Mahendra said on Monday that the government had not intervened with the Supreme Court in the latter's investigation of the three judges.

"The three judges were suspended while their case was being probed, but they must be allowed to resume their posts as the Supreme Court's disciplinary committee found no strong grounds for firing them," said Yusril, who appeared disappointed with the decision.

"I have submitted a letter to the President asking her to lift the suspension of the three judges," he said, explaining that the President had the prerogative to maintain the judges in office or fire them in such a case.

The three judges -- Tjahyono, CH Kristi Purnamiwulan and Hasan Basri --, were suspended last year for allegedly taking bribes to declare Manulife bankrupt at the behest of the now-defunct PT Dharmala Sakti Sejahtera.

Yusril further said that there would be further discussions between his ministry and the Supreme Court about transferring the judges out of Jakarta.

"Maybe we can do that, but we have to discuss the possibilities with the Supreme Court," he added.

The Manulife case almost disrupted bilateral ties between Indonesia and Canada as the company was considered healthy and solvent.

Yusril asked for a thorough investigation by the Supreme Court, which finally found the judges innocent last week after a probe that lasted months.

He said that as soon as the President lifted the judges suspensions, that all charges against them would be worthless in front of a court of law.

The Ministry of Justice and Human Rights only had the power to handle the administrative side, while the judges' assignment and other issues were the responsibility of the Supreme Court.

"I did what I could, but it was decided that they are innocent by the Supreme Court, and that is it," the minister stressed.

This is not the first time the government has expressed disappointment over Supreme Court decisions, with Megawati publicly saying that the judicial system had failed the public's trust.

"We have tried to resolve the case, but with the decision of the Supreme Court we have no choice but to ask the President to lift the judges' suspensions," the minister said.

However, he was unable to say when the President would sign the orders lifting their suspensions.