Observer skeptical on legal reform
JAKARTA (JP): The legal reform process in this country will be "very difficult" to bear fruit because judiciaries here have been made impotent for decades, an observer said on Wednesday.
Daniel S. Lev, a professor from the University of Washington, told a discussion on law enforcement held by Forum weekly that the country had seen its legal institutions weakened since the beginning of the Guided Democracy government in 1959.
He said such a move was aimed at empowering the government on one hand but reducing the people's role on the other.
"For the past two or three generations, (the government) has developed a code of conduct, ethics and view which are totally unfitting for a healthy legal environment," Lev said.
The magazine was celebrating its eighth anniversary on Wednesday.
Lev said that since 1959, courts, prosecutors, police and other administrative institutions had lost their independence.
"Legal institutions here only serve the interests of the power holders," added Lev.
He said one major prevailing weakness of law enforcement at present was a split in the country's legal circle.
He therefore stressed the need for lawyers, judges and prosecutors to unite and begin a campaign for greater autonomy.
"They have been weak because they were divided not only by the government but also due to competition among themselves," he said.
There are at least three lawyer associations in the country -- the Indonesian Bar Association (Ikadin), the Indonesian Advocates Association (AAI) and the Association of Indonesian Lawyers (IPHI) -- while judges are grouped in the Association of Indonesian Judges (IKAHI).
Lev also pointed out that judges had been put in the government's hands.
"Their status as civil servants forces them to pledge allegiance to the government and this erodes their independence," said Lev.
He therefore urged that the 1970 law on judicial power be amended.
Article 11 of the law stipulates that courts are administratively, financially and organizationally under the Ministry of Justice.
Lev also said that a fair power shared between the people and the country's power holders was crucial in creating a strong judicial system.
However, he believed that such a balance would be just a dream as long as the Armed Forces (TNI) maintained its political role.
"People here must keep up pressure on the Armed Forces that its sociopolitical role is unacceptable," Lev said.
Since the fall of former president Soeharto in May last year, the military has been the target of fierce criticism over its performance, social and political roles and alleged human rights abuses in the country's troubled spots of Aceh and East Timor.
Observers have said that Indonesia will never emerge as a democratic country unless the military quits politics.
According to the new political laws, TNI, whose members do not vote, will acquire 38 seats in the House of Representatives and 10 percent in provincial and regency legislatures. The 1945 Constitution stipulates that House seats are provided for legislators elected through the general election.
Many observers said that although the House finally agreed on 38 seats for TNI, it should leave the legislative body after the 2004 elections.
"Its (TNI's) gradual phasing out within a six-year period is actually unacceptable. It is also unacceptable even if only for 20 hours," Lev said. (byg)