RI needs justices with integrity

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.