'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.