Jurists urge legal reform in Indonesia

Jurists urge legal reform in Indonesia

GENEVA (Agencies): The International Commission of Jurists
(ICJ) on Tuesday urged Indonesia to set up a new constitutional
court and an independent inquiry into judicial corruption.

In its 143-page report on a visit its team made to Indonesia
in March and April this year, the ICJ found that "the judiciary
remains an arm of executive government."

The ICJ groups a maximum of 45 prominent jurists from around
the world. The respected jurists' group promotes the rule of law
throughout the world.

Indonesia's new government and legislature "must restore
confidence in the judiciary by initiating needed reform," ICJ
Secretary-General Adama Dieng said in a statement.

At present, "the constitution places no real limits on the
president," Dieng said.

"The minister of justice controls all matters relating to
judges," he added.

"The Supreme Court can exercise no effective control over
executive and legislative action. Compounding the dilemma is the
absence of adequate mechanisms to call judges to account."

The report proposed that a constitutional court be created to
review legislation and executive actions, and also to resolve
human rights complaints. It also called for a clear division of
responsibilities between the ministry of justice and the courts.

It backed government moves to weed out corruption in the
judiciary, but called for it to go further and create an
independent commission to "explore every aspect and manifestation
of judicial misbehavior."

Inadequate pay for judges is an important factor and an
inquiry should be put in place to recommend new pay levels, the
report added.

Many of the proposal put forth are currently being looked into
by new President Abdurrahman Wahid and the People's Consultative
Assembly which is in the proses of making constitutional reforms.

Abdurrahman has promised many sweeping changes in the
Indonesian judiciary and proposed the establishment of a National
Commission of Law to evaluate the nation's legal products.

The Geneva-based group also recommended that the Jakarta
government set up a truth commission to look into human rights
violations committed during nine years of military occupation of
Aceh province, which ended last year.

The ICJ said the commission would be a means of promoting
reconciliation, as in post-apartheid South Africa.