RI needs justices with integrity

By T. Mulya Lubis

JAKARTA (JP): This is the first time that the Supreme Court has been struck by a crisis so severe. The issue of collusion in the highest judicial institution and the call to fire Justice Adi Andojo Soetjipto -- the man who blew the whistle -- have been given daily coverage in the media. Now there are demands for the dismissal of the chief justice.

It is sad to witness the crumbling stature of this noble institution. The court that plays such a pivotal role in upholding the law has been tainted and is even despised to a degree. The last bastion of justice and a state based on law are slowly degenerating.

The chief justice should act firmly to respond to the public's demands for an inquiry. If necessary, an independent investigating team should be set up. The investigation carried out by Kowarsus, an internal court body, satisfied very few.

In Malaysia, independent investigators were recently called in to handle a collusion case involving a justice, who later resigned. Prime Minister Mahathir said that the resignation should be seen as a penalty in itself. Whether the public is satisfied or not with the resignation, one could sense the seriousness of the investigation with the involvement of an independent party.

We should take the Malaysian experience as a valuable lesson, especially given the fact that the collusion case here has become a public issue and that the Supreme Court is a public institution.

So, what was at fault then?

Some have blamed the press for leaking the story and for fanning the flames. Even Adi Andojo once remarked that had the press not leaked the story the issue never would have reached such proportions.

But certainly this should not be regretted since news hunting is a function of the press. We are living in a world in which censorship of the press no longer works. Advanced technology brings news right into our homes. We have to understand the critical nature of the press.

Looking at the issue honestly, the Supreme Court's tainted image was not caused by incessant press coverage but by the institution's failure to solve the issue transparently.

The matter was made worse by a letter from the chief justice to the President that asked for Adi Andojo's dismissal. Those who suggest that the request was an invitation to interfere in the Supreme Court's affairs, or testimony that the highest legal institution is subordinate to the executive branch, were right.

Furthermore, paragraph 11 of Law No. 14/1985 says that justices can only be dismissed when they make an application to resign, when they are of failing health, when they turn 65, or when it has become apparent that they are no longer able to perform their duties.

None of these points are applicable to Justice Adi Andojo. The justice has made a number of landmark decisions in his career, including in the Marsinah and Mochtar Pakpahan cases.

It is regretful that the chief justice sent a letter to the President asking for Adi's dismissal. Hopefully the head of state will ignore the request.

It is widely known that the letter was sent after the Association of Indonesian Advocates issued a public plea calling for the resignation of Chief Justice Soerjono. Although we can understand the spirit behind the association's call, it still amounts to interference. We may disagree with the chief justice but demanding his dismissal will only weaken the Supreme Court. A weak Supreme Court could result in lax constitutional and legal controls and have long-term consequences.

We are badly in need of justices with integrity and this case points to the need for an improved recruitment system. If we select judges under today's conditions we cannot expect to have a strong and authoritative Supreme Court. An undermined Supreme Court would only become an extended arm of power and a tool subordinate to the dominant political and economic groups.

Better selection should be supported by better remuneration. Justices are the guardians of the Constitution and as such they should have their needs, security and otherwise, properly met.

The writer is a noted human rights activist and a Jakarta- based corporate lawyer.