Draft law broaches Supreme Court independence

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)