'Political will needed to boost judiciary'

'Political will needed to boost judiciary'

By Sugianto Tandra

JAKARTA (JP): Legal experts welcome Chief Justice Sarwata's
promise to restore the image of the Supreme Court but say that
his expression of goodwill will not succeed without political
support, particularly from the government.

Muladi and Loebby Loqman, both prominent professors of law,
and noted lawyer Frans Hendra Winarta said in separate interviews
with The Jakarta Post Tuesday that Sarwata's intention should be
appreciated and supported to bring about change.

Muladi said the Supreme Court would not be able to restore its
image of its own accord, while Frans called for greater efforts
to make the country's judiciary more independent of the executive
branch.

Loebby welcomed Sarwata's intention to make the Supreme Court
more transparent, saying this was sure to earn it much public
respect.

Sarwata, appointed to head the country's highest court in
November, announced his plan after meeting with President
Soeharto on Monday.

The chief justice unveiled a five-point plan he hopes will
help restore the court's image, tarnished by its own
inconsistencies and allegations of rampant collusion by one of
its members.

The five points are "re-disciplinization" (to restore
discipline among the court's members), revitalization,
restructurization, reorganization, and "refunctionalization" (to
restore the proper functions of the court and its organizations).

Sarwata also announced his intention to make the Supreme
Court's workings more accessible to the public by the year 2000.
A computer program is currently being developed that will give
the public the ability to monitor the progress of any lawsuit
handled by the court "at the touch of a button".

Sarwata, a career justice, took the helm from Soerjono when
the court's image was at its lowest ebb.

A series of reversals that came out of the Supreme Court, the
allegation of collusion by a senior justice that became public in
April and the subsequent row between Soerjono and Justice Adi
Andojo Soetjipto shook public confidence in the court.

Sarwata inherited a backlog of over 16,000 cases from his
predecessor, further undermining confidence in the court's
ability to provide swift and fair justice.

Muladi, a professor of law and rector of Diponegoro University
in Semarang, is pessimistic that the Supreme Court's image can be
restored during Sarwata's tenure, expected to end in four years
time when the judge turns 65.

Muladi said Sarwata would be remembered for initiating the
drive and for setting the court's priorities correctly. Muladi
also called for a more comprehensive and encompassing effort in
strengthening the court and its image.

He said other members of the legal profession, the Ministry of
Justice and the government must support the move.

"He (Sarwata) would also have to be open to suggestions from
experts," he said.

Muladi said the Supreme Court must show greater concern for
how laws are being applied by it or the lower courts.

Much legislation has become out of date and should not be
used, he said, citing the 1963 antisubversion law as an example.

The Supreme Court also faces a daunting challenge given that
the majority of people in Indonesia still do not comprehend their
legal rights and obligations.

"Many still lack knowledge of the mission and vision of a
state based on law," he said.

The Supreme Court rulings, he said, serve three functions: to
give fair judgment to justice seekers, to provide clear
definition of law reforms and to give nuances to law education.

"Sadly, many rulings have been discouraging," he said, citing
the Supreme Court's October reversal of its ruling in the case
against labor leader Muchtar Pakpahan.

Frans Hendra Winarta, a member of Indonesian Legal Aid
Foundation's board of trustees, said Sarwata's "goodwill" was not
enough to restore the court's image.

"People want to see concrete changes," Frans argued,
suggesting the Supreme Court be given full authority in
administering the affairs of all Indonesian judges, making them
truly independent of the executive branch.

While judges currently answer to the chief justice, their
salaries, and to a large extent their professional career, are
determined by the Ministry of Justice.

Legal experts pointed to many instances where judges were
afraid to rule against the government -- effectively their
paymaster -- even though evidence pointed to the contrary.

Frans said the government must show the "political will" to
give the judiciary branch full independence. Only then will
Sarwata's efforts truly pay off, he added.

Loebby said Sarwata's plan to make the Supreme Court
transparent will allow public scrutiny of the court.

"I'd suggest the court use the Internet, making its decisions
open for examination by experts," he said.

Transparency will force judges and justices to think more
thoroughly before passing judgments, in turn preventing the
controversial rulings of the past, he said.

"Hopefully the practice and the science of law will in turn be
led in the right direction," he said.

Loebby welcomed Sarwata's intention to strengthen teamwork
among members of the Supreme Court and to make all major rulings
collective rather than an individual decisions.

"Concerning law reformation, decisions should come as a
consensus from all members of the Supreme Court, not a decision
by the chief justice or a panel of justices," he said.