Experts calls for immediate reform of the judiciary

JAKARTA (JP): Law experts called for immediate reform of the country's judiciary yesterday, and said that it should include the revocation of several laws which they argued obstructed judges' independence.

Speaking at a seminar on Reform of Judicial Power, respected judges Benjamin Mangkoedilaga and Ali Boediarto, and lawyers Luhut MP Pangaribuan and Benny K. Harman, maintained that without concrete reform of the judicial system the goal of creating a state based on the supremacy of law would remain a distant dream.

One major issue which they stressed needed addressing was the 1945 Constitution, particularly Articles 24 and 25.

The articles stipulate that the country's judicial power is exercised by a Supreme Court and other judicial bodies. However it stopped short of describing how this would work, saying only that it would be regulated by laws.

This they said, opened an avenue for misinterpretation which the executive branch had abused to subjugate the judiciary for its own interest.

Boediarto suggested that the People's Consultative Assembly (MPR), in its extraordinary session in November, scrap Law No. 14/1970 which separates judicial authority under two roofs -- the Supreme Court for technical judicial matters and the Ministry of Justice for its administration and financial matters.

He also pointed out the need to revoke other laws -- No. 14/1985 (Art. 31), and MPR Decrees, No. VI/1973 (Art. 11) and No. III/1978 (Art. 11) -- which impeded the ability of the Supreme Court to make judicial reviews.

Luhut, a lecturer at the University of Indonesia and also chairman of the Indonesian Legal Aid and Human Rights Association (PBHI), made the radical suggestion of promoting non-career judges to the Supreme Court.

He expressed his belief that non-career judges -- experienced legal practitioners like lawyers or academics -- could inject "more creativity" into the Supreme Court, and thus improve the court's performance.

Luhut maintained that the suggestion was "now the most viable means" to improve the Court's performance given the current political situation.

However, Benjamin did not agree.

The key was for the House of Representatives (DPR) to improve the selection of justices, instead of just receiving inputs from the government, he contended.

"So if there are problems with the current justices, it's the DPR's mistakes," said the judge who also teaches at Trisakti University here. (aan)