Experts want immediate reform of the judiciary
Experts want immediate reform of the judiciary
JAKARTA (JP): Legal experts called for immediate reform in the country's judiciary Tuesday, saying that it must include the revocation of several laws considered conflicting with judges' independence.
Speaking on the second day of a seminar on seeking an independent judiciary here, supreme judge Paulus E. Lotulong and legal activist Benny K. Harman agreed that reforms on judges' mentality was also important.
"But any good intention (regarding the issue) will not succeed without political support, particularly from the government," Benny noted.
In his recommendation, Benny suggested that the People's Consultative Assembly, scrap Law No. 14/1970 which in effect brings judicial authority under two roofs -- the Supreme Court ruling judicial matters and the Ministry of Justice in charge of administration and financial matters including judges' salaries.
He also pointed out the need to revoke other laws which impeded the ability of the Supreme Court to make judicial reviews.
"There also must be a national movement towards an independent judiciary which includes all components of society," he said.
Meanwhile, Paulus unveiled a five-point plan he hopes will help restore the court's image, tarnished by its own inconsistencies and allegations of rampant collusion by some of its members.
The five points were restoring discipline in the judiciary; enforcing more strict control on recruitment; clarifying the current confusion of the judiciary being under both the Ministry of Justice and the Supreme Court; making transparent the internal management including promotion of staff; and restoring the proper functions of an independent court.
Paulus reiterated that a clean recruitment process must be sought through transparency and tight selection, and urged for the active role of the House of Representatives in monitoring this issue.
"Judges' reshuffle and promotion also must be free from executives' interference," he added.
Inputs from the seminar, held jointly among others by the Indonesian Center for Environment Law and the Consortium for National Legal Reform, will be used by a pressure group set up Monday to push for an independent judiciary. The group was named the Indonesian Institute for an Independent Judiciary.
Many legal experts and practitioners have suggested that the judiciary be managed by the Supreme Court alone instead of in conjunction with the Ministry of Justice to ensure its independence.
Being paid by the Ministry, judges are made to be biased towards the government, experts say.
Frequently cited cases of bias presented in the seminar included the Supreme Court's decisions on land appropriation for the construction of the Kedungombo Dam in Central Java and the imprisonment of labor leader Muchtar Pakpahan.
On Kedungombo Dam, then chief justice Purwoto S. Gandasubrata overturned in 1994 an earlier ruling by justice Asikin Kusumah Atmadja that favored 34 Central Java residents affected by the dam's construction. Asikin ruled in 1993 that the government had violated the law by starting construction of the dam in January 1989 before the residents had agreed to compensation.
Late last year, then chief justice Soerjono overturned a decision by former justice Adi Andojo Soetjipto that exonerated Pakpahan, chairman of the Indonesian Prosperous Labor Union, of charges of inciting labor unrest. (edt)