Judical autonomy guaranteed

Judical autonomy guaranteed

JAKARTA (JP): President Soeharto yesterday guaranteed that the courts of law will continue to have autonomy as mandated by the 1945 Constitution.

"As President of the Republic of Indonesia, I truly understand the ruling of the Constitution. And I will always respect this rule," Soeharto said in his keynote address opening the national conference of all appeal judges, including those serving in the Supreme Court.

"This is a clear realization of our endeavor to carry out the 1945 Constitution to the letter, to establish a creative and dynamic constitutional way of life."

His remarks came at a time of heated public debate about the extend of the autonomy of the Indonesian courts, especially in view of the fact that judges are civil servants who are on the government's payroll.

The four-day meeting is being attended by 171 judges from the Supreme Court and appeal judges from the general courts, military courts, religious courts and the state administrative courts. Heading the delegation at the opening ceremony at the State Palace was Chief Justice Soerjono and his deputy M. Djaelani. Soerjono's predecessor Purwoto Gandasubrata was also present.

Although the Constitution recognizes the separation between the executive branch and the judicial branch, Soeharto said that does not mean there can be no cooperation between the two.

"Of course, when cooperating with each other, each must stick to its authority and function as stipulated by the Constitution and the laws."

Soeharto reminded the judges that with their autonomy comes strong responsibility. "The courts, for example, must not abuse their autonomy to transgress the law or to act arbitrarily. It is the duty of the courts to protect the rights of the people."

The ultimate realization of the courts' power is the ruling and the attitude of the judges, Soeharto said. "The judges hold the last fort and hope for people seeking justice.

In making a decision, a judge does not only have to answer to litigants but also to God, society and to the law, he said. "And no less important, a judge has to answer to his own conscience. This means that a judge must fortify himself with strong character, mentality and a clear conscience."

Soeharto also called for an improvement in the way the courts are managed to enhance both their capability and integrity and therefore the courts' public image. The success of the courts in dispensing justice depends on the way they are managed, he said.

He also urged the Supreme Court to find the root of the problem to the huge backlog of cases in the Supreme Court.

At last count, the Supreme Court had some 16,000 pending appeal cases and the number increases by about 2,000 each year.

Soeharto said that the rising number of people filing an appeal to the Supreme Court could be a sign of increasing public awareness of their rights. But it is also an indication that people are not finding justice in the lower courts.

"If justice seekers get what they're looking for in the court of first instance to begin with, surely they wouldn't need to file an appeal and expend their valuable time and resources, including money. Similarly, if they feel they receive justice on appeal, then there would be no need for them to go to the Supreme Court," the President reasoned.

Soeharto also underlined the need for the Indonesian courts to get their act together in an increasingly competitive global environment.

"Under such a new world order, the establishment of law and justice is an important condition ... If we cannot uphold the law and sense of justice in our own country, other countries will avoid us," Soeharto said. (emb)