Court's transparency questioned

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

The Supreme Court, in the spotlight for overturning a lower court's decision to impose a jail sentence on Tommy Soeharto, has been criticized for lacking transparency in its decision making process.

Legal expert Harkristuti Harkrisnowo said on Tuesday that the Supreme Court was yet to make itself accessible to the public for information on how it handles cases.

Greater transparency will improve the Supreme Court's accountability and professionalism, said Harkristuti, a teacher at the University of Indonesia.

"If given access, the public can weigh whether a ruling has strong legal arguments or whether there is corruption behind it. Public access ensures transparency, which is a prerequisite for good governance," she told The Jakarta Post.

She suggested that the Court publish the rulings on the internet or bulletin, which can used for academic purposes.

At present, it is near impossible for students to get copies of documents on cases the Supreme Court handles, unless their professor is a Supreme Court justice, she said.

"The classic reason is that the Supreme Court does not have a good filing system and it is too broke to upgrade it. To make matters worse, Indonesia does not yet have a freedom of information act."

Chief Justice Bagir Manan has pledged to reform the Supreme Court by allowing the public access to its premises and information, but many say it is not enough.

Justice Benyamin Mangkoedilaga said that the Court has opened its doors to the public and its rulings can be found in its journals and have been used in universities.

Benyamin said that all court sessions were open to members of the public but their numbers should be restricted due to the limited space.

The Supreme Court building has not been designed to accommodate large crowds in its two court rooms.

"Reading of rulings is announced to the public three days earlier to allow the public to attend."

But people familiar with the Supreme Court system will find that what Benyamin calls "announcement" is a mere verbal notice among justices and other related employees about the upcoming session.