Sat, 01 Sep 2001

NGOs propose Supreme Court audit team

JAKARTA (JP): Some non-governmental organizations (NGOs) demanded on Friday that the Supreme Court establish an independent team to investigate the judges, who have handed down controversial verdicts in corruption case trials.

They were unable to meet Chief Justice Bagir Manan, who was about to attend a coordination meeting on political and security affairs at the State Secretariat building.

The NGOs included Indonesian Corruption Watch (ICW), Judicial Watch (JW), the Consortium of National Law Reform (KRHN), the Jakarta Legal Aid Foundation (LBH Jakarta), the Research Institute and Advocacy for Court Independence (LeIP), the Community of people to watch the Indonesian courts (MaPPI), and the Indonesian Society for Transparency (MTI).

Nizar Suhendra of MTI told reporters that the independent team should have seven people comprising three academicians, two non- career justices, and two career justices.

"If the team finds out that the judges have violated their oath Bagir Manan must punish the judges."

The West and Central Jakarta District Courts recently turned down the indictments against former Supreme Court justice Yahya M. Harahap along with two justices Supraptini Soetarto and Marnis Kahar, who were tried for allegedly receiving Rp 196 million in bribes.

They were charged with violating Anticorruption Law No. 3/1999, which replaced Anticorruption Law No. 3/1971, while the alleged crime, which took place between October and December 1998, was reported in April last year after the new law had already taken effect.

The judges argued, "we could not try the justices under the new law, because their cases were covered by the old law."

The case came to surface after the Anticorruption Team (TGPTPK) received a report from Endin Wahyudin, who admitted to having delivered Rp 96 million in cash to Yahya's house, while Supraptini and Marnis received Rp 50 million each, in connection with a land dispute case they were handling at that time.

Earlier, the South Jakarta District Court also turned down the indictment of Zainal Agus -- Supreme Court director of administrative tribunals, over his alleged receipt of bribes of some Rp 100 million.

For the same reason, Agus was then exonerated of all charges. The case was disclosed by TGPTPK following reports by lawyer Maria Leonita Sri Chandra Harumi.

Ironically, after exonerating the justices the District Courts tried Endin and Maria for defaming them.

Meanwhile, noted Lawyer Todung Mulya Lubis of JW said to reporters on Friday that the government had to review the Anticorruption Law as many judges had used the loophole that the law did not contain transitional regulations.

"If President Megawati is serious in fighting corruption, the revision of the Anticorruption Law must become her top priority. I'm suspicious of the law that was made by Habibie's administration to protect corruptors," Todung said. (tso)