Fri, 12 Jul 1996

'Let Adi prove his mettle': Lawyer

JAKARTA (JP): Justice Adi Andojo Soetjipto, who raised clamor over alleged collusion and corruption at the Supreme Court, should be given a chance to prove his mettle, a prominent lawyer has suggested.

Justice Adi should replace Chief Justice Soerjono, who is nearing pension-age, on the condition that he rid the Court of collusion within a year, said Luhut M.P. Pangaribuan. "If he fails, then he should resign altogether," Luhut said yesterday.

Minister/State Secretary Moerdiono disclosed last week that Soerjono had written to President Soeharto requesting that Adi be dismissed. The latter was considered to have tarnished the Supreme Court's name when he went public with his allegation that the Court was rife with collusion.

An internal investigation team had earlier completed its examination, reporting to the President that they found no evidence to back Adi's allegations. Soeharto, who is currently undergoing a medical checkup in Germany, was reported to have been seriously studying Soerjono's request.

A number of legal experts have said that the request violated official procedures on senior judges' dismissal. The 1985 law on the Supreme Court empowers the President to discharge, honorably or otherwise, members of the court at the chief justice's recommendation. The grounds for termination may be at the request of the justice concerned, or because of age (65 years old), physical illness, or an inability to carry out duties.

Luhut, who is a leading member of the Indonesian Bar Association, said his proposal is based on the fact that Soerjono will retire soon.

Chief Justice Soerjono will turn 65 this October. Adi, who turned 64 last April, appears to be healthy and -- despite mounting pressure -- has not voiced any intention to step down.

Luhut said he believed that, should his suggestion be carried out, polemics on the issue would cease, while the President would be freed from the burden of having to make the difficult decision.

"If Justice Adi is really a Mr. Clean and is determined to wipe out collusion from the Supreme Court, then the one-year chance will be his test," Luhut said.

Separately, legal expert J.E. Sahetapy called on Chief Justice Soerjono to resign.

"Whether or not the President agrees to his request, it's the chief justice who should resign," the professor of law at the Surabaya-based Airlangga University said.

He said that Soerjono had not been straightforward in his explanation about a document fraud case, whose defendant was acquitted of all charges, according to Adi, by colluding judges.

Sahetapy predicted that Soeharto would just let Soerjono's request sit and wait until the chief justice reached his retirement age. "This decision would save Soerjono's face," he said.

"I don't think Pak Harto would respond to the request before Soerjono's retirement. Who knows? The President might even defer making a decision until after the 1997 general elections," he said. (06)