Oetojo admits legal abuses in judicial system

JAKARTA (JP): Minister of Justice Oetojo Oesman admits that there are many abuses of legal authority at the court level but scolds critics who make mafia comparisons.

"There is no mafia in the judiciary system. But it's true to say that some law enforcers are erratic," he told journalists in Bandar Lampung, southern Sumatra, on Saturday.

He argued that the term 'mafia' refers to organized crime with widespread networks. "Now, does such a network exist to undermine the Indonesian judiciary system?" he said.

Oetojo was making his first public comment on the debate sparked by former deputy chief justice Zaenal Asikin last week. Asikin alleged that power was so systematically abused that the justice system was like a business controlled by a 'mafia' of court officials.

Asikin also alleged that bribery was a standard practice here and that up to 50 percent of all Indonesian judges took bribes. His blunt allegation has prompted the Supreme Court to plan an investigation into the matter.

Asikin sprang to prominence when, just a few month before his retirement this year, he made a risky decision in favor of villagers in Kedungombo, Central Java, in their multi-million dollar legal suit against the government. His verdict, however, was later overturned by the Chief Justice.

Oetojo questioned how Asikin came up with his theory that half of Indonesia's judges took bribes and arranged court decisions with lawyers and clients.

"Where does the '50 percent' come from?" he was quoted by the Antara news agency as saying, conceding that there were practices in the judiciary system "that must be corrected".

According to Oetojo, there are "complex problems" which have to be resolved before the image of the judiciary system can be improved, as the public has increasingly demanded.

The minister called on the public to refrain from emotionally criticizing the legal system and to instead contribute to rebuilding the public trust.

"We must see to it that the judiciary system is still respected. If not, this could push people to take the law into their own hands when settling their disputes," he said.

He pointed out that many Indonesian laws needed revising because they were no longer in conformity with the current public demand for justice and legal certainty.

Many Indonesian laws were made during the Dutch colonial era. The government and the House of Representatives (DPR) have planned to review them.

Indonesia has yet to make laws in business fields, such as for capital markets, and update those on intellectual property rights and patents, he said.

The laws on intellectual property rights and patents were passed in 1992 but already need urgent revisions largely due to the rapid progress in global technology, he said.

"Many laws have yet to be made or revised in line with our economic and technological progress," he said. "Unless Indonesia looks to distant future, the legal system will lag far behind other countries." (pan)