Wed, 10 Nov 2004

Internal watchdog commission to restore public trust in AGO

M. Taufiqurrahman, The Jakarta Post, Jakarta

In the midst of public criticism over the poor performance of prosecutors nationwide, the Attorney General's Office (AGO) pledged on Tuesday that it would set up a commission to monitor its personnel.

Attorney General Abdul Rahman Saleh said the establishment of the supervisory commission had become a priority on the to-do list of President Susilo Bambang Yudhoyono's Cabinet in the first 100 days.

"The commission will be of great importance in winning back the trust of the public, who have long harbored skepticism toward the prosecutors' work," Abdul Rahman said in a seminar organized by the Partnership for Governance Reform here.

He said that to fend off possible resistance to the commission's work, he would ask the President to provide a stronger legal basis for its establishment.

Abdul said that the establishment of the commission would likely face a stumbling block due to its weak legal foundation.

Law No. 16/2004 on the Attorney General's Office does not specify the role of the supervisory commission or the authority it has. There is only one article pertaining to the commission's possible existence, saying that to improve the performance of the office, the President can set up a supervisory commission.

The absence of a clear stipulation on the commission and the fact that the final say on its establishment lies in the hands of the President has sparked resistance among prosecutors over its saliency.

Those against the commission say that instead of setting up a new institution, the AGO should improve the performance of its internal supervision division.

A report from the National Law Commission (KHN) produced last year branded the AGO as the most secretive component of the country's legal system and suggested it reform to regain the public's trust.

The AGO is also notorious for the alleged misconduct or manipulation of its employees.

The Attorney General's Office is the last institution to have been offered assistance by the Partnership to carry out reform measures, after the Supreme Court and the National Police.

Mas Ahmad Santosa of the Partnership said that the planned commission would be given the authority to select new prosecutors, oversee and uphold discipline and recommend policies.

He said that the commission would have 11 members, including academics, activists, legal experts, representatives of the AGO and prosecutor's offices at all levels.

"The commission can start its inquiry into errant prosecutors based on reports from the public and from the media, as well as data collected by its members," he said.