House may nominate Benjamin for seat on the Supreme Court

JAKARTA (JP): The House of Representatives could still nominate prominent former judge Benjamin Mangkoedilaga as a supreme court justice, even though the Supreme Court has excluded him from the list of candidates, House Speaker Akbar Tandjung said on Thursday.

"We will consider nominating Benjamin due to growing public aspirations in favor of him," Akbar, who also chairs the Golkar Party, said.

He confirmed that Benjamin was missing from the list of 24 candidates submitted by the Supreme Court to the House on Wednesday, a move perceived by many as an effort to foil his chances of becoming chief justice.

The House will select the nominees to fill eight vacant supreme court justice seats. The names will then be submitted to the President for approval.

The 1985 law on the Supreme Court stipulates that the chief justice is elected from supreme court justices.

President Abdurrahman Wahid has repeatedly expressed his intention to see Benjamin, who is currently a member of the National Commission on Human Rights, head the Supreme Court in his bid to clean and reform the courts -- believed by many to be a fertile breeding ground for corruption and collusion.

Several supreme court justices have said they would quit if Benjamin is appointed the chief justice, saying he is "too junior".

Some have said that Abdurrahman's plan is not in line with the 1985 law, which states that the chief justice is recruited from career judges and that the House, not the President, has the prerogative to elect the chief justice.

Secretary general of the Supreme Court Pranowo said on Thursday the reason his office did not nominate Benjamin was because of his lack of experience. The law says a supreme court justice candidate must have at least 15 years of experience.

But Akbar, citing another clause of the same law, said that a noncareer judge was allowed to be nominated as a supreme court justice.

Legislator Patrialis Akbar from the Reform faction at the House agreed with Akbar, saying Benjamin had a chance to take a supreme justice seat upon the House's request.

"The public views Benjamin as a man with a lot of experience in upholding justice," Patrialis, who is also member of the House Commission II for home and legal affairs, said.

He said, however, his faction had yet to decide whether to nominate Benjamin, because it was still scrutinizing the candidates submitted by the Supreme Court.

Benjamin spent most of his time as a judge at the Jakarta Administrative Court. He rose to fame for his decision not to uphold the government ban imposed on Tempo weekly magazine in 1995.

Although he could understand the Supreme Court's objection to Benjamin, Patrialis said the right to select supreme court justices was in the House's hands.

"The Supreme Court proposes, the House disposes," he said.

Separately, coordinator of independent watchdog Indonesian Corruption Watch Teten Masduki said on Thursday that only five out of the 36 judges were untainted by corruption.

"I will soon submit this finding to the House of Representatives," Teten said during a discussion on good governance and the watchdog's program to eradicate corruption.

He said the watchdog had come to the conclusion based on a series of interviews with lawyers, former judges and legal clients, all of whom were connected with the Supreme Court.

Teten said he would reveal the names, pending the House's approval. (jun/01)