House amends judiciary law as part of legal reform drive
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)