Draft law broaches Supreme Court independence
JAKARTA (JP): The Supreme Court, often criticized for being weak in the face of the executive, is seeking independence and power as its top brass on Tuesday handed a draft law on the issue to the House of Representatives.
As quoted by Antara, Justice Paulus E. Lotulung, who accompanied Chief Justice Sarwata and the other justices in the meeting with the House leaders, said the bill would serve as "input" for the House.
Lotulung said it would now depend on the House when to start working on the draft law on the Supreme Court.
Separately, chairman of the respected Indonesian Legal Aid Foundation (YLBHI) Bambang Widjojanto said the House could later use the "input" to forward a bill of its own to the government.
Under the 1945 Constitution, a law is made by the House together with the government.
The "consultation" on Tuesday was also attended by vice chief justice I Ketut Suraputra, and deputy chief justices Yahya Harahap, German Hoediarto, Syaifudin Kartasasmita, Soegharto and H. Taufiq.
The House was represented by Speaker Harmoko and deputy House speakers Hari Sabarno, Ismail Hasan Metareum, Fatimah Achmad and Abdul Gafur. Also attending were faction leaders Andi Mattalatta of Golkar, Zarkasih Nur of the United Development Party, Achmad Roestandi of the Armed Forces and chairperson of the Commission I for political and legal affairs Aisyah Aminy.
They discussed among other things the law reform agenda as mandated in No. 10/1998 Decree of the People's Consultative Assembly (MPR), according to Lotulung.
Lotulung also said the court was proposing a reevaluation of the No. 14/1970 judiciary law and the No. 14/1985 Supreme Court law, which many legal experts had said contain leeway for the executive branch to interfere in the Court and judicial affairs.
Asked if the Court's concept would advocate a separation of the judiciary from the government's Ministry of Justice, Lotulung said:
"This is what's targeted in the (No. 14/1970) Article 11, namely that the judiciary's power is complete in the sense of both of its functions and auxiliaries... that High Courts and District Courts are under the Supreme Court as the executor of the 1945 Constitution Articles 24 and 25."
The Articles say the judiciary power is under the authority of the Supreme Court.
Under the No. 14/1970 law, the judiciary's administrative affairs such as career development are placed under the authority of the government.
"In practice, the law can be used to control judges," Bambang Widjojanto told The Jakarta Post on Tuesday.
Over the past three decades, the "two-roof policy" has been blamed for a weak judiciary as judges often ruled in favor of the government in cases that affected the government's interests.
On the agenda for law reform as stipulated in the MPR Decree No. 10/1998 is full separation of the power of the judiciary and the executive.
Also discussed in the meeting on Tuesday was the establishment of the Committee for General Election Supervision (Panwaslak) -- which in the new election law will fall under the authority of the Supreme Court.
Given the existing government influence over the judiciary, many political observers have doubted that such an electoral referee could be independent.
A timely House reaction to the Supreme Court's input on an independent judiciary may put a halt to such criticisms and thus pave the way for a free and fair election.
To achieve just that, Lotulung said: "The Supreme Court has taken concrete steps by handing the draft law to the House as input, but the process after this as to how and when the DPR will deliberate it, I cannot comment upon. It's not my brief." (aan)