Tue, 02 Mar 2004

House endorses judicial laws revisions

Kurniawan Hari, The Jakarta Post, Jakarta

The House of Representatives put the organization and administration of judicial institutions under the Supreme Court on Monday, ending the control over the judicial system by the Ministry of Justice and Human Rights.

The transfer was made when lawmakers endorsed two bills revising the laws on public courts and state administrative courts.

The endorsement of the bills is hoped will bring about an independent judicial system in the country.

In a speech, Minister of Justice and Human Right Yusril Ihza Mahendra said the two bills would serve as the legal basis for the creation of an independent judicial system.

"We will create a judicial system that is free from extrajudicial interference and corruption," he said during a House plenary meeting.

The revisions to the laws move the organization and administration of judicial affairs to the Supreme Court.

Despite the importance of the plenary session, which was presided over by House Deputy Speaker A.M. Fatwa of the National Mandate Party (PAN), relatively few legislators attended.

During the meeting, Fatwa repeatedly called on faction chairpersons to invite their members to attend. By 11 a.m. just 220 of the ..... legislators in the House had signed the attendance sheet.

Fatwa said that by 11:30 a.m. that number had grown to 252 legislators, though only about 90 legislators actually appeared in the meeting room.

He said this poor attendance was understandable given the packed schedules of legislators.

The chairman of the House's Legislation Body, Zain Badjeber, said that under the revised laws, the Supreme Court would have authority in the improvement of the judicial, administrative and financial affairs of the courts.

The Supreme Court also will have the responsibility in the supervision of judges, he said.

According to Zain, legislators were able to reach a consensus only after serious discussion of the requirements to become a judge.

According to the revised laws, candidates to become judges must be at least 25 years old and have served as civil servants. Judges can be appointed by the heads of district courts only after they have 10 years experience.

During the plenary meeting, spokespersons for all the factions expressed hope for the creation of an independent judicial system.

Mangara Tunggal Lumban Tobing of the Indonesian Democratic Party of Struggle (PDI-P) said the country's judicial system had lost the trust of the public.

M. Akil Mochtar from Golkar added that the revisions to the two laws would be effective only if they were implemented by professional and qualified judges.

He said there must be a better recruitment system to produce qualified and professional judges.

Some of the revisions to the public courts law --------------------------------------------------------------- - Article 13 (1): Promotion and supervision of judges will be done by head of the Supreme Court. - Article 13 (2): Promotion and supervision of judges must not affect the independence of the judges in carrying out their duties. - Article 15 (2): Judges at high courts must have at least five years experiences before being appointed chief judges, or three years to become chief of a district court. --------------------------------------------------------------- Source: Public courts bill