Legal institutions 'must seize their independence'

Legal institutions 'must seize their independence'

JAKARTA (JP): Political scientist Daniel S. Lev urged the
country's judiciary to be more proactive in gaining greater
independence from the executive branch.

"History in Germany, France, England, Japan, Malaysia and
others shows that a strong judiciary was not just given to them
but had to be seized from the government," Lev told a discussion
on the judicial branch on Monday.

Lev, a professor from the University of Washington in the
United States, stressed the need for lawyers, judges and
prosecutors to unite and begin a campaign for greater autonomy.

One major prevailing weakness at present, according to Lev,
was that the country's legal circle was not unified.

"They have been weak because they are divided not only by the
government but also due to their own competition," he said.

There are at least three lawyers associations in the country
-- the Indonesian Bar Association (IKADIN), the Indonesian
Advocates Association (AAI) and the Association of Indonesian
Lawyers (IPHI) -- while judges are grouped in the Association of
Indonesian Judges (IKAHI).

Lev also said that a balance of power between the people and
the country's power holders was crucial in creating a strong
judiciary.

However, he believed that such a balance would be difficult to
create as long as the Armed Forces (ABRI) continued to be
actively involved in politics.

"People must think twice about thorough reform because there
is no organization in society which can match ABRI's strength."

IKAHI chairman Paulus Effendie Lotulung pointed out that
judges were very much under the authority of government
institutions.

"Our status as civil servants forces us to be loyal to the
government and this erodes our independence," said Paulus, who is
one of the Supreme Court's chief justices.

He therefore urged that the 1970 law on judicial power be
amended.

Article 11 of the law stipulates that courts are
administratively, financially and organizationally under the
Ministry of Justice.

He also called for stricter recruitment of judges and a merit
system to be immediately implemented in promoting them.

Paulus said that a sufficient salary also played a crucial
role in fending off "external influences".

"The judges in Bangladesh are paid between Rp 4 million to Rp
5 million per month, while here judges with more than 25 years
experience are paid between Rp 1.5 million and Rp 2 million," he
said. (byg)