Fri, 21 Jul 2000

Groups question selection process of justices

JAKARTA (JP): Two watchdog organizations criticized the House of Representatives on Thursday for its selection process in shortlisting candidates to fill 20 seats on the Supreme Court.

Commission II of the House, which deals with legal affairs, was originally scheduled to announce the names of candidates who had passed the "fit and proper test" on Thursday.

The announcement was deferred to Friday, but sources involved in the selection process disclosed that the Commission had picked 17 out of 46 candidates who took the test last week.

During the test, which was open to the public, candidates were questioned not only about their vision, but also about their attitudes and personal lives.

The Indonesian Institute for an Independent Judiciary (LeIP), preempting the House's announcement, said only 11 candidates fulfilled the requirements.

The Joint Working Group on Judicial Appointments (Pokja-PCHA) came up with 13 names. The group said some names were dropped because they were the subject of graft investigations.

Neither group selected former judge Benjamin Mangkoedilaga or former justice minister Muladi, considered to be the front- runners for the post of chief justice to replace Sarwata.

Benjamin was nominated by President Abdurrahman Wahid while Muladi's nomination was supported by Golkar chairman Akbar Tandjung.

LeIP named three candidates whom it viewed as "fit and proper" to serve on the Supreme Court: notary public Abdurrahman Saleh, lawyer Artidjo Alkostar and judge Andi Sjamsu Alam.

Five others are considered as having just passed the test.

LeIP researcher Rifqi Sjarief Assegaf said the group based its evaluation mostly on papers presented by the candidates and the oral testimony they gave during the fit and proper test.

The House has resisted making public the resumes of the candidates or their court records, Rifqi said.

"Our assessment was very limited because of the lack of material on which to evaluate them," he told journalists at the institute's headquarters in the Arva Building, Central Jakarta.

Rifqi also questioned the competence of the House's working committee in conducting the fit and proper test.

"Not all of them had knowledge of legal affairs. Some committee members were ill-prepared, and their questions were shallow," he said. "We are not sure of the standards used in assessing the candidates' answers, as they were all asked different questions."

Pokja-PCHA faulted the House's lack of transparency in the selection process.

"The House may pass candidates who cannot fulfill public demands for a clean and independent court," Irianto Subiakto, coordinator of the group, told journalists.

Of 13 names endorsed by the group, seven are career judges.

Irianto expressed concern that the judges nominated by the government would not be able to act impartially if selected.

"For example, can they maintain their independence when they are handling cases concerning government leaders?" he asked.

Many candidates who passed the House's test had dubious moral integrity; some had poor knowledge of legal affairs and procedures or even about the social and political conditions of this country, Irianto said.

"They will become judges of the court. They have to be aware of this country's condition from all aspects," he said. (bby)