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Fit and proper test of justices begins

| Source: JP

Fit and proper test of justices begins

JAKARTA (JP): "Have you ever taken a bribe?"

Such were the questions posed by a legislator when screening
candidates for the lofty office of Supreme Court justice.

The House of Representatives here on Friday began its "Fit and
Proper" test for the nation's highest court.

The candidates were quizzed on various matters on the first
day of a marathon session which is due to end on Monday evening
after all 46 candidates have been screened.

A list of candidates passing the test will be handed to the
President on the day following the conclusion of the tests for
ratification.

The working committee of the House of Representatives'
Commission II on home and legal affairs spent more than an hour
questioning each of the first 10 candidates on Friday.

By 9 p.m., nearly 12-hours after the questioning began, the
committee had completed interviewing nine candidates.

The morning session began with academician Bagir Manan
followed by five career judges: Soerojo, Abdul Kadir, Syamsuhadi,
Ben Suhanda Syah and O.H. Simarmata, then lawyer and lecturer
Muhamad Laica Marzuki, judge Mahjudin and, finally, Rear Adm.
Niken Tarigan.

Presided over by Commission II chairman Amin Aryoso and deputy
chairman Hartono Marjono, the working committee asked candidates
about what would be their vision and mission Supreme Court
justices.

Their moral integrity was also openly delved into.

When judge Abdul Kadir was asked what he would do if he found
corruption taking place under his nose, he replied that it would
not be proper for him to impose immediate firm sanctions if it
was only suspicion.

"It would be against the law if I take a hatchet and go
directly for the accused. There's a system already in place
here," Abdul remarked while stressing he would follow the correct
procedures in handling such a case.

O.H. Simarmata, when asked a similar question, seemed to skirt
the issue saying that it was a very tricky question, adding that
the public should also take responsibility for the emergence of
corruption in the courts.

During the session each candidate was first asked to make a
brief presentation of their working paper on legal affairs. After
that, the working committee posed questions about their technical
competence and legal knowledge.

The proceedings were somewhat similar to a university thesis
seminar.

An observer attending the session, Rifqi Sjarief Assegaf of
the Research and Advocacy Center for the Independence of Judicial
Bodies (LEIP), said the questioning was reasonably to the point.

He stressed that the committee needs to focus on the
candidates' technical abilities and, for judges, assess the
quality of their past verdicts and writings.

Based on Friday's proceedings, Rifqi said the non-career
judges seemed to lack technical knowledge about the legal
process. (bby)

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