Judicial reform, not just lip service: Chief Justice
Judicial reform, not just lip service: Chief Justice
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
Chief Justice Bagir Manan has pledged to prove wrong skepticism
on reforming the country's judiciary, saying courts would be free
from corruption within the next 15 years at most.
"Making improvements, considering recent conditions, is not as
easy as turning your hands over. It takes time and people must
understand this," he said on Friday.
Bagir was responding to critics who doubted that the Supreme
Court would be able to become a more credible institution with
the newly transferred authority over judicial administrative and
financial affairs from the justice ministry.
"With the transfer of power, it would be more efficient,
easier and faster for us to handle internal affairs. We could
punish or promote court members without having to wait for
approval from the justice ministry," he said.
While Bagir admitted it was not easy to make significant
changes in courts across the country, as judicial reform
commenced only three years ago, he expressed a guarded optimism
that the courts could improve their performance, particularly in
terms of the integrity and quality of its personnel.
"The Supreme Court has been equipped with sufficient
legislation and powers to apply the reform program. We have
already made a series of blueprints ... (that are) applicable,
thanks to assistance from non-governmental institutions and
foreign donors," he said.
Each blueprint identifies those problems currently facing the
court and the means to resolve them.
Bagir said the Supreme Court was focusing on restructuring the
court under the first stage of the reform program.
"It is necessary to merge officials of the Supreme Court, the
Directorate General of General Courts and state administrative
courts into a well-knit organization, because the structure of
the organization affects the entire judicial process," he said.
A team has been set up to restructure the Supreme Court, which
has added 300 personnel transferred from the justice ministry
into its 1,000-strong work force.
"The new organization of the Supreme Court is expected to come
into effect early next year, but we need five years to turn new
and old personnel into an efficient and credible group," Bagir
said.
Employees transferred from the justice ministry will remain at
their previous jobs until the end of the year, but must report to
the Supreme Court.
The newly established Law No. 5/2004 on the Supreme Court
stipulates its institutional structure to consist of a court
leadership, justices, court clerks and a secretary.
The leadership comprises a chief justice, two deputy chief
justices and five or more justices heading particular judicial
divisions. Previously, it consisted of a chief justice, a deputy
chief justice and six justices.
The law also requires the court to employ a secretary to
manage supporting divisions within the court. The previous post
was that of secretary-general, who also headed court clerks.
"Under the new structure, court clerks must be separate from
secretarial tasks. Court clerks should only manage judicial
affairs," Bagir said.
A report compiled by the Indonesia Corruption Watch (ICW) last
year revealed that the court mafia includes court clerks who are
permitted to observe trials as well as the authority to set up
hearings.
Supreme Court reform program
1. Improve constitutional independence, functions,
organizational affairs, human resources, case management,
budget, facilities, transparency, accountability and
information system of the Court
2. Develop judicial personnel management at lower courts
based on a merit-based career management system for
justices, court clerks and other court officials
3. Provide permanent educational program at lower courts,
including continued education and career development for
justices
4. Enhance financial management and accountability of court
system
5. Establish a judicial commission to act as a supervisory body
that observes and controls the independence of the judiciary
6. Develop commercial court and anticorruption court