Judges and the judiciary

The incident was over so quickly it apparently stunned the defendant: While Suyatno was being tried in court for his involvement in a road accident, Judge Sayuti Karim sternly reprimanded him for sitting with his legs crossed and ordered his detention on grounds of improper conduct. According to the judge, Suyatno was hampering court procedures. Furthermore the court feared that he might try to escape.

Although the logic of the order escaped the 53-year-old defendant, he did not protest. His lawyers request for a stay of the detention order was rejected, because, as Judge Sayuti remarked, "If I grant this request now, where will I put my face?"

This incident, which took place in a Surabaya court of justice, might seem ludicrous. But it shows how great a judge's power is in ordering a person's detention, even on grounds that do not make sense. The question here is: Was the defendant indeed hampering court procedures, or did Judge Sayuti order his detention only because he felt offended by Suyatno's behavior?

As we are striving to establish a fair and trustworthy judiciary system, cases such as this one -- which might, on the surface, appear farcical -- are disturbing enough, especially since it is quite possible that similar cases occur in many other courts in this country.

While in court, a defendant is not a nonperson who can be treated according to the judges' own desires. His or her alleged offense must be properly proved and his rights as a legal subject must be protected. Our courts must not become places that are to be feared -- not even for defendants.

God willing, we shall never forget the dictum that power tends to corrupt. This dictum becomes especially relevant in cases where power -- including the judiciary -- is involved.

-- Republika, Jakarta