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.