Government told to take lead in judicial reform

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The government is being told it must take steps to accelerate the sluggish pace of judicial reform, which is a vital part of the reform agenda.

Frans Hendra Winata, a member of the National Legal Commission (KHN), said the national leadership had thus far failed to implement the needed judicial reforms.

"They have no choice but to implement the reform program soon, otherwise the establishment of a clean and credible judicial system will be in jeopardy, which is what those people who support the status quo want," Frans said.

He also questioned why the law could not be enforced against state officials convicted for or implicated in crimes.

The case of House of Representatives Speaker Akbar Tandjung is just one of many examples of how not all people are treated equally before the law, he said.

Despite being convicted of graft by the Central Jakarta District Court, Akbar remains free and has retained his official position.

Another example, he said, is Maj. Gen. Adam Damiri, the former head of the Udayana Military Command, who three times ignored a court summons to appear as a defendant in the East Timor human rights trials.

The Indonesian Military has denied committing gross human rights violations in the former Indonesian province, portraying the violence as a dispute between proindependence and pro-Jakarta supporters.

"Reforming the judicial system here is definitely not an easy task because all of the judicial institutions here have been paralyzed," said Frans.

Supreme Court Chief Justice Bagir Manan admitted that a clean and credible judicial system in Indonesia still remained out of reach.

"We need about 10 to 15 years of hard work by all concerned parties to build a credible judiciary," he said.

He said the Supreme Court alone could not bring about judicial reform in the country.

"A good judicial system can only materialize if we have good legislation, which is in the hands of lawmakers, and a good bureaucracy," said Bagir, who is also a professor at Bandung's Padjadjaran University's School of Law.

During the New Order of Soeharto, the judiciary served the regime and helped the rulers maintain their political interests.

In the reform era, it is expected that the country will be able to build a clean and credible judicial system that delivers legal certainty to the people.

Earlier this year, United Nations special rapporteur Param Cumaraswamy said in a report that the country's legal system was among the worst he had ever seen, and that President Megawati Soekarnoputri's government lacked the political will to root out graft.

Megawati has refused calls to dismiss Attorney General M.A. Rachman, who the State Officials Wealth Audit Commission found to have hidden wealth and to have failed to account for all his savings accounts.

Also, the Indonesian Corruption Watch said earlier this year that corruption in the judiciary involved all levels of law enforcers -- police officers, prosecutors, judges and Supreme Court justices.

Cathy Deane, who leads the Ausaid-sponsored Legal Reform Program, which is assisting in Indonesia's judicial reform, believes there is still hope for the establishment of transparent judiciary here.

"I have found several energetic people within the government and non-governmental organizations who have the capability to make a difference. They need support not only from donors but from Indonesians in general," she said.

Indonesia has received assistance from international donors to carry out judicial reform.