Government supports Benjamin

JAKARTA (JP): Support mounted for noted retired judge Benjamin Mangkoedilaga to join the Supreme Court after the government officially named him a candidate on Friday to fill one of 10 vacant Supreme Court justice seats.

Minister of Law and Legislation Yusril Ihza Mahendra said that Benjamin would be among 20 candidates proposed by the government. Other notable and noncareer candidates include lawyer Todung Mulya Lubis and legal expert and rector of Yogyakarta's Indonesian Islamic University Mahfud MD.

"The full list will be made public next week," Yusril said after, along with Attorney General Marzuki Darusman, meeting with President Abdurrahman Wahid at Bina Graha presidential office.

Yusril also said the government planned to increase the number of Supreme Court justices to 60 from the current 51 in a bid to try backlogged cases.

The nomination paves the way for Benjamin to take the chief justice post as desired by Abdurrahman. A 1985 law stipulates that the chief justice is elected from Supreme Court justices.

But Yusril said the government would not meddle in the race for the Supreme Court's top post.

"If Pak Benjamin fails to take the post, we can do nothing. We will not behave as an authoritarian government," Yusril said.

He said the government's nomination of Benjamin was at the public's request. "He (Benjamin) is a popular figure," he said.

Benjamin, who spent most of his time as a judge at the Jakarta State Administrative Court, stole the limelight with his decision not to uphold a ban imposed by the government of former longtime ruler Soeharto on Tempo weekly magazine in 1995.

Benjamin played down his candidacy on Friday, saying the present government's trust was an honor.

The retired judge, who currently serves as a member of the National Commission on Human Rights, will soon leave for the United States for research sponsored by the country's Supreme Court.

Meanwhile, almost all 10 factions at the House, including the Indonesian Democratic Party of Struggle (PDI Perjuangan), the Golkar Party, the United Development Party (PPP), National Awakening Party (PKB), Reform faction and Indonesian Unity and Nationality faction (FKKI), were of the opinion that Benjamin should be nominated a Supreme Court justice due to his reputation of upholding justice.

PKB and FKKI have officially made a bid for Benjamin to the House leaders.

"We wrote to the House leaders to inform our nomination of Benjamin a few days after Gus Dur repeated his intention to have Benjamin hold the chief justice post," chairman of PKB faction Taufiqurrahman Saleh said, referring to President Abdurrahman by his nickname.

Taufiqurrahman said Benjamin was needed to reform the Supreme Court, which was regarded by many as a fertile breeding ground for corruption and collusion.

Besides Benjamin, PKB also considered nominating Mulya Lubis and human rights activist Abdul Hakim Garuda Nusantara.

FKKI's chairman Sutradara Gintings shared Taufiqurrahman's view, saying the Supreme Court was in need of people who were able to create a breakthrough in legal affairs.

"If our nomination of Benjamin is in line with Gus Dur's statement, it's just a coincidence," Sutradara said.

But House deputy speaker A.M. Fatwa reminded that several senior judges had earlier expressed objection to Benjamin's nomination. They threatened to resign if the government appointed Benjamin, saying he was "too junior".

"The judges just conveyed their moral message, which needs considering," Fatwa said.

However, he said the Reform faction would support Benjamin if other factions did the same.

Benjamin name was not on the list of 24 candidates proposed by the Supreme Court to the House on Wednesday.

Secretary-general of the Supreme Court Pranowo, who tops the list, said his office did not nominate Benjamin because of his lack of experience.

House Speaker Akbar Tandjung reiterated on Friday that the House would nominate Benjamin due to the growing public demand.

Besides Benjamin, Akbar said former justice minister Muladi deserved a seat on the Supreme Court.

Taufiqurahman rejected Muladi's name, saying that the former minister had a close link with the past regime.

"Maybe Muladi has good knowledge, but the Supreme Court needs fresh people," he said.

He also said PKB would proposed a review of the 1985 law on the Supreme Court if Benjamin failed to be appointed to the highest court. (jun/asa)