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.