House amends judiciary law as part of legal reform drive
JAKARTA (JP): The House of Representatives amended on Friday the 1970 Judiciary Law as part of the government's campaign for legal reform, placing all judicial courts under the supervision of the Supreme Court.
Significant changes to be brought about by the newly adopted "one-roof policy" include the stipulation in article 22 that criminal cases involving civilians and military personnel will be heard by a civil court. With the approval of the Supreme Court, a military tribunal will be allowed to examine cases involving military personnel.
Legislators noted the importance of the article given a number of unresolved criminal cases involving both civilians and military personnel, including the murder of labor activist Marsinah and the alleged corruption of former attorney general Andi M. Ghalib.
The amended judiciary law serves as an umbrella for the Indonesian legal system, which includes civil, military, administrative and religious courts. Some Muslim groups have protested the inclusion of religious court under the one-roof policy, demanding such courts remain under the jurisdiction of the Ministry of Religious Affairs.
Indonesia established a commercial court in August last year which is not included in the amended law.
The amendment involves the revision of articles 11 and 22 of the law, and the creation of articles 11A and 40A.
According to article 11 of the amended law, the Supreme Court will take over the organizational, financial and administrative affairs of the judiciary from the Ministry of Justice. The article also stipulates that each court will be treated according to its particular characteristics.
Article 11A states the transfer of authority from the Ministry of Justice to the Supreme Court will take place over five years. In response to widespread protest, however, the House decided against placing a time limit on the transition of authority over religious court.
According to article 40A, all laws related to articles 11 and 22 will remain valid until new laws are enacted.
The amendment was authorized by People's Consultative Assembly Decree No. 10/1998, which calls for a series of legal reforms to end the executive branch's intervention into the judiciary.
"The amendment will help ensure the independence of the judiciary," Minister of Justice Muladi, who represented the government at the House plenary session on Friday, said.
While the four House factions agreed to endorse the bill on the amendment of the judiciary law, there were some reservations.
"The one-roof system will not guarantee the independence of the judges; it's not the only factor," said Amin Bunyamin, spokesman for the United Development Party (PPP) faction.
The internal situation of a court and money could lure judges to be dishonest, Amin said.
PPP insisted the religious court be exempted from the one-roof policy. The religious court hears cases concerning Islamic laws such as inheritance, marriage and divorce.
"The judges must be Muslims and the decisions must be based on Islamic law (sharia)," he said.
The Indonesian Democratic Party (PDI) and Golkar factions focused on the power granted to the Supreme Court. "Who will supervise the Supreme Court then," said PDI spokesman Y.B. Wiyanjono.
The military faction focused its attention on the salary of judges.
Muladi responded by promising a raise for judges effective next month.
He said the amendment was needed to prevent the subordination of the law by the administration.
The Foundation of the Indonesian Legal Aid Institute criticized the amended law for not going far enough. Foundation chairman Bambang Widjojanto said amending two articles was not enough, adding that the campaign for a clean and independent judiciary called for "comprehensive and fundamental changes".
Also on Friday, House Speaker Harmoko ended the House's current session. The House will resume its activities on Aug. 16 when President B.J. Habibie is scheduled to deliver a state of the nation address. (05)