Tue, 23 Mar 2004

Legal experts find deputy MA candidates unimpressive

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

A poll has revealed that five career justices vying for two deputy chief justice posts have failed to convince legal practitioners that they would be an asset to the highest judicial institution.

Some 100 lawyers, school of law lecturers, prosecutors and former justices and legal aid institute activists interviewed by the Judiciary Observers Coalition last month refused to name the best among the five.

"They said they were unable to name one because they doubted the candidates' integrity and quality," Asep Rahmat Fajar of the coalition said over the weekend.

The respondents are familiar with the candidates due to their profession, Asep added.

The legal practitioners suggested that the Supreme Court cancel the election and repeat the selection of candidates, the poll says.

The Supreme Court has invited legal observers, officials from other institutions and journalists to witness the vote, which is open to the public, on Wednesday.

The internal election will be the first of its kind following revision of the Supreme Court Law. Prior to the revision, the president appointed Supreme Court judges, including the chief justice.

Despite the public having access to the election, Asep doubted that the process could screen the candidates' integrity, which many say the Supreme Court lacks.

"It is their fellow justices who will elect them. The fact is that most justices were appointed without proper screening," he argued.

Asep criticized the Supreme Court for not publicly disclosing the track records of the candidates and instead trying to protect one candidate, namely Abdul Kadir Mappong, who has been reported to the Jakarta Police by the Civil Servants' Wealth Audit Commission (KPKPN) for undeclared assets.

Asep supported the suggestion that the Supreme Court postpone the vote, pending the establishment of a judicial commission.

Experts have warned that without supervision from a judicial commission, the Supreme Court get out of control.

The House and the government have yet to finish the deliberation of the bill that will create a judicial commission.

The five candidates for the deputy chief justice posts are the Supreme Court's supervisory director Mariana Sutadi, religious affairs justice Syamsul Hadi, court director for state administrative affairs Paulus Effendy Lotulung, criminal affairs justice Mappong and court director for the military German Hoediarto.

Justice Iskandar Kamil withdrew his candidacy, saying that he would focus on his duties as the chairman of the Supreme Court selection team for an ad hoc corruption court.

Mariana, whose husband is a Golkar Party member, has been questioned for her performance in completing backlogged cases.

Syamsul has no track record in handling criminal or civil cases, while Paulus has risen to fame for acquitting Golkar leader Akbar Tandjung of corruption charges.

German, a former soldier, is known for his verdict exonerating former president Soeharto's son Hutomo "Tommy" Mandala Putra in a graft case. The initial case led to the murder of justice Syafiuddin Kartasasmita.

Tommy was sentenced to 15 years in jail for the murder. His appeal is currently being heard by, among other justices, German.

Law No. 4/2004 on the Supreme Court requires the appointment of two deputies to the chief justice -- one in charge of duties related to case settlements and the other supervising the conduct of the justices.