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)