Controversial Manulife judges exonerated

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.