Indonesia faces justice challenges
Indonesia faces justice challenges
Supreme Court Justice Adi Andojo who grabbed headlines last
year for blowing the whistle on collusion at the highest law
institution will retire on May 1, 1997. Charles Himawan, a
professor of law and economics at the University of Indonesia and
member of the National Commission on Human Rights took this
opportunity to reflect on the target the justice was fighting
then.
JAKARTA (JP): The question in regard to Justice Adi Andojo's
retirement next week is, will his idealism also retire? Will his
struggle to eradicate the alleged corruption within the judiciary
system also fade away?
The answer should be negative, because a positive answer would
only make Indonesia less competitive in the free market of the
next century, a link many development practitioners overlook.
We recall last year that former chief justice Soerjono wrote
to President Soeharto recommending that Justice Adi be dismissed
amidst an allegation that there was collusion, an euphemism for
corruption, within the judiciary system. It seems that President
Soeharto wisely postponed the request, since retirement age has
nearly caught up with Adi.
Few judges, however, match Adi's ability to look into the
matter further, more than just a mere issue of collusion within
the judiciary. Many judges have failed to see the close
relationship between the issue of corruption and that of economic
development -- that corruption greatly slows down a nation's
development. Corruption may be difficult to prove through
evidence, but it is clearly reflected in the nation's economic
development.
If balance of payments and export performance could be used as
a yardstick to gauge the pace of the nation's development, then
Indonesia would be facing a serious problem. Minister of Industry
and Trade Tunky Ariwibowo recently warned of a continuing deficit
in the balance of payments as the following table indicates
(Kompas, Feb. 22, 1997).
Table A: Indonesia's Balance of Payments (US$ billion)
1994/95 1995/96 1996/97 (estimated)
-3.5 -6.9 -8.8
The minister further stated that to offset the deficit, export
performance must be improved. In response to his appeal,
bureaucrats tried to improve the performance of exports in
various fields. They have simplified the procedure by using
credit and speeding up custom requirements, but they failed to
look at export performance in the field of law, specifically in
the judiciary. Indonesia's export performance has been a concern
of many development practitioners, particularly if it is compared
to the export performance of Indonesia's nearest neighbors,
Singapore and Malaysia, as the following table shows.
Table B: Exports (US$ billion) according to Asiaweek
1980 1990 1994 1995 1996
Indonesia 21.9 25.5 37.0 40.1 47.5
Malaysia 12.9 29.4 48.4 65.2 76.4
Singapore 19.3 52.4 88.8 102 124
The above figures clearly reflect a missing link in the export
performance of Indonesia in the past decade. In 1980, Indonesia's
exports were greater than Malaysia and Singapore's, but since
1990, particularly in the last three years, their exports have
greatly surpassed Indonesia's.
Presuming that these three great nations have the same work
ethic and development initiative, then Adi's allegation of
corruption within the judiciary will shed light on the poor
performance of Indonesia's exports, inconsequently because the
judiciaries of Malaysia and Singapore are among the most
respected courts of law in the world. Malaysia and Singapore are
nations that rectify, with fairness and justice, any wrong
committed. International buyers feel comfortable in purchasing
goods from Malaysia and Singapore, because they are assured of a
judiciary system that will uphold their rights in the event that
their rights are violated.
This is clearly the missing link between a nation's drive and
the reliability of its judiciary. It should be noted that there
are many problems that should be resolved before a reliable
judiciary can be achieved, i.e. adjusting the quality of life of
judges. Whatever the problems are, they should be addressed and
be dealt with. They cannot be left hanging and unresolved at the
expense of the nation's economic development.
President Soeharto recently, in conjunction with the launching
of a book titled The Birth of a Nation and State, warned the
nation to implement continuing development with a sense of
justice and continuous correction where such correction is needed
(Kompas, April 8, 1997).
One correction that is urgently needed is in the judiciary
system. Ignoring this warning, many bureaucrats instead feel
comfortable about their achievements. The English say that their
attitude is "gold-achieving" rather than "gold-seeking".
Comparing today's Indonesia with the Indonesia of 1945, some
bureaucrats are proud and complacent about what has been
accomplished. Great historians say we learn from history not to
justify our present shortcomings, but to prepare for the future.
This can only be done if judges and other law practitioners,
particularly litigation lawyers, can keep feeding the fire that
Adi sparked. Justice Adi Andojo may retire, but justice can never
retire.