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)