Judge jailed for graft -- well, just about

Judge jailed for graft -- well, just about

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Judges are a special breed, as the state gives them power to
adjudicate a legal case, and thereafter, decide the defendants'
fate.

The profession has become more and more important recently,
following the country's determination to establish legal reform.

Consequently, careful selection is essential in order to
identify excellent and honest applicants for such strategic
posts.

However, the recruitment, organized by the Ministry of Justice
and Human Rights and the Supreme Court, has failed to cater for
the need. Instead, it has become a public secret that such
recruitment is tainted by corruption and nepotism.

The latest round of judge recruitment started last October,
with thousands of applicants from around the country.

In Jakarta, the applicants sat tests at the Supreme Court,
while outside Jakarta, the tests were conducted at various high
courts.

Two months ago, it was announced that some 300 candidates had
passed the first stage of the tests.

A woman, who took the tests for the third time this year, said
an employee of the Supreme Court offered to help to ensure that
she would pass the tests if she agreed to pay her Rp 25 million.

"I refused, as I could not provide the money, but I believed I
could still pass the test. I failed, eventually," said the
applicant, who graduated with honors from the University of
Indonesia.

She complained that the test was not transparent as the
committee did not explain why she had failed, nor inform her
about her test score.

Another applicant who took the tests in Semarang and
successfully passed, admitted that she had paid a certain
official at the high court. But she refused to mention the sums
involved.

"However, it was much more than Rp 25 million," she said.

Meanwhile, Ditto, not his real name, passed the initial tests
although he was not sure whether he would perform well in them.

"I'm not too bright actually, as my GPA (university-level
point score) is only 3.00 (out of 4). I would never have been
able to pass the test without my uncle's help," he said, adding
that his uncle was a high-ranking official at the Ministry of
Justice and Human Rights.

But he denied that he had paid a bribe.

Supreme Court Justice Benjamin Mangkoedilaga confirmed that
the recruitment of judges was not helped by the current
situation.

"I don't think it can produce excellent output (judges)," he
told The Jakarta Post.

Benjamin has suggested that the government establish a special
school for judges. Indonesia had such a school but it was closed
in 1970.

"Graduates of the school will have respect for their
profession. That, I believe, will reduce the drive to engage in
prohibited activities," he said, referring to bribery within the
judiciary.

Indonesia is notorious for its corrupt judicial system
involving a judicial mafia, comprising defendants, lawyers,
prosecutors, judges, court clerks, as well as other officials at
the courts and prosecutors' offices.

Some blame the low salary of judges.

A newly appointed judge is paid Rp 1.35 million per month, not
including various allowances, which total about Rp 800,000.

The country needs about 5,300 judges, while currently there
are just over 4,000 of them.

The recruitment of judges is divided into two, with different
kinds of tests.

The first group is for law school graduates who have worked as
a court clerk, while the second is for other applicants.

Any court clerk can apply to become a judge, even if he has
been a court clerk for only one day. The entry requirements for
court clerks are similar to those for the recruitment of other
civil servants.