Fri, 18 Sep 1998

'Money and power often still prevail' in Indonesian courts

JAKARTA (JP): Former deputy chief justice Adi Andojo lamented the state of Indonesian courts on Wednesday, saying that money and power often still prevailed over justice.

At a discussion on Wednesday night at the University of Indonesia, Adi was quoted by Antara as saying "one factor why cases are so piled up at the Supreme Court is that it is a deliberate means to extort money" from parties wanting their cases processed.

Adi, who retired in May last year after serving 18 years as deputy chief justice and is now dean of Trisakti University's law school, has made headlines for his accusations of widespread collusion within the Supreme Court.

Only a sense of dedication, professionalism and integrity from the judges can restore the state of the courts, he argued.

During the talk, organized by the university, Adi also said that judges were not independent and that there was no clear separation between the legislative, executive and judiciary branches in the government.

Judges often move to remote places if they rule against the government, he said.

Chairman of the Association of Indonesian Judges (IKAHI) Paulus Effendie Lotulung pointed out earlier this month that judges were very much under the authority of government institutions.

Paulus, who is one of the Supreme Court's deputy chief justices, said the status of judges as civil servants forces them to be loyal to the government, eroding their independence.

He echoed numerous calls that the 1970 law on judicial power be amended. Article 11 of the law stipulates that courts are under the Ministry of Justice.

Ministry of Justice legal expert Romli Atmasasmita, representing Justice Minister Muladi at the talks, said the ministry was still studying whether the 1970 law should be amended.

Last year, Adi received the Sahardjo Award from the Defenders for Indonesian Democracy (TPDI), a team of lawyers for ousted leader Megawati Soekarnoputri's faction of the Indonesian Democratic Party.

Adi was honored for his unflinching campaign for clean law enforcement.

The award is named after the late Dr. Sahardjo, a national hero known for his work on promoting human rights in the legal system, and was presented to mark TPDI's first anniversary.

Adi is known for his uncompromising stance on the implementation of justice and the fight against corruption in the legal system.

One of his most famous decisions was exonerating labor leader Muchtar Pakpahan from subversion charges. But the ruling was quickly overturned by his Supreme Court colleagues. (byg)