Justices will welcome any new chief
JAKARTA (JP): While the government and legislature remain in dispute over the new chief justice, the Supreme Court will welcome whoever is appointed as its chief, an official said on Monday.
"Appointing the new chief justice is not the Supreme Court's business. The Court only deals with laws and judicial issues," Taufiq, the newly appointed deputy chief justice, told reporters at his office.
Responding to a proposal that the government and the House of Representatives (DPR) select alternative candidates among the available justices to replace Muladi and Bagir Manan, whose nominations were rejected by President Abdurrahman Wahid, Taufiq doubted that there will be any justices who are willing to be nominated.
Two justices -- Paulus Effendie Lotulung, who is Junior Supreme Court Chief for State Administrative cases, and Syafiuddin Kartasasmita, who is Junior Supreme Court Chief for General Crime cases -- have been suggested as potential candidates to replace Muladi and Bagir Manan.
Taufiq said that it would be ideal for the chief justice to be elected from among career justices, as occurred when the Supreme Court was led by Moedjono.
The post of Supreme Court chief justice has been vacant since Sarwata retired last November. Since then his duties have been performed by his former deputy T.H. Ketut Suraputra. However, Suraputra also retired last month.
The House urged Abdurrahman to choose Muladi or Bagir Manan, but the President rejected both candidates arguing that the two were known to be partisan, and loyal to the New Order regime.
Last week, House speaker Akbar Tandjung said the President should make a decision on the matter before the House reconvened on Jan. 15.
Similarly, Hartono Mardjono, deputy chairman of House Commission II for legal and home affairs, said further delay of the chief justice appointment would only raise tension between Abdurrahman and the House.
Taufiq denied the accusation that the Supreme Court had been unprofessional when appointing Court leaders to handle and prioritize the review hearing of a graft case appealed by Hutomo "Tommy" Mandala Putra, the youngest son of former President Soeharto.
"It's internally accepted here that any cases attracting public attention should be handled by the Supreme Court's leading justices," he said.
Taufiq did cite an exception, however, explaining that justices who had already presided over an appealed case would not be allowed to preside over the same case again should any of the parties file for a review.
"That's why justices Syafiuddin Kartasasmita, Suharso and Sunuwahadi, who handled Tommy's case at the appeal level, are not allowed to be involved in a review hearing of the same case," he said.
Taufiq, along with Justices Soeharto and German Budiarto, will hear Tommy's review case.
Taufiq said that Soeharto's and Tommy's cases have become the Supreme Court's priority because people are anxious for the rulings, with both cases regarded by the community as very important.
"People are always impatient to wait for court rulings on cases involving figures of the New Order," he said, while citing the Supreme Court convention regarding cases eagerly awaited by society.
When reminded that Tommy is still at large, Taufiq said the defendant's presence at the Court hearing was not necessary.
"The Supreme Court only issues the verdict, and only that. Whether the defendant can be jailed or not is the police's responsibility," he said.
Taufiq dismissed the allegation that there had been a conspiracy behind the decision to prioritize the Soeharto and Tommy cases.
"I have repeatedly said that the Supreme Court will not get involved in the cases' political aspects, but purely the legal issues.
"We are independent and cannot be influenced by any parties, including the authorities. The only one who can influence the Supreme Court is God," he said. (01)