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)