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)