NGO fears legal forum could rob courts of independence
NGO fears legal forum could rob courts of independence
Tony Hotland, The Jakarta Post, Jakarta
The Jakarta Legal Aid Institute has expressed concerns about a
proposal for the establishment of a law officers forum (Forgakum)
during the upcoming Law Summit III, saying it could undermine the
independence of the courts and further entrench the court mafia.
"We fear that such a forum will only benefit particular groups
instead of achieving the real goal of Law Summit III, which is to
speed up the eradication of corruption, collusion and nepotism,"
the institute's director, Uli Parulian Sihombing, told a press
conference on Tuesday.
The representatives of the various law enforcement and legal
professions are scheduled to convene on Friday for the summit.
They are to discuss the creation of the forum as part of an
overall effort to help rid the legal and justice systems of
bribery.
Representatives are due to be sent to the summit by the
National Police, the Attorney General's Office, the Supreme
Court, the Corruption Eradication Commission, the Ministry of
Justice and Human Rights and the Office of the Coordinating
Ministry of Political and Security Affairs.
At the preliminary stage, the forum was expected to involve
judges, prosecutors, police officers and lawyers. It is hoped
that the establishment of the forum will facilitate closer
coordination among those law officers who are involved in
handling corruption cases.
Uli, however, said the forum was a carbon copy of a body
established back in 1981, which was known by its Indonesian
acronym, Makehjapol, and involved the Supreme Court, the Ministry
of Justice, the Attorney General's Office and the National
Police.
"Instead of improving our legal system, the previous forum
further robbed the courts of their independence and encouraged
the development of the court mafia. It paved the way for
corruption and the trading of justice between the different
parties involved," Uli said.
The Makehjapol was dissolved in 1998.
While admitting that coordination between all the legal
institutions and professions was crucial, Uli nevertheless said
that each of them had to act independently according to the
legislation governing their respective functions.
"They must maintain their coordination at a professional level
based on the regulations," he said.
The first Law Summit was held in January 2002 to encourage
legal and judicial reform in the country. The second took place
in October 2002.
The summits are facilitated by the Partnership for Governance
Reform, a non-governmental organization.
The partnership's Mas Achmad Santosa dismissed the LBH's
concerns, saying such a forum was essential for bridging the
loopholes in the prevailing legislation.
"Perhaps they should propose next Friday that non-governmental
organizations be included in the forum so as to avoid any
suspicions," he said.