Sarwata's 5-point plan gets mixed reaction

By Sugianto Tandra

JAKARTA (JP): Legal experts gave mixed reviews over Chief Justice Sarwata's five-point plan to improve the Supreme Court's image, but all agreed such a task would be an uphill battle.

Harkristuti Harkrisnowo, a lecturer at the University of Indonesia, challenged Sarwata to act on his words, saying he should prove his intention to improve Supreme Court justices' discipline was not mere lip service.

"It'll take some time to restore the court's image, but I believe the chief justice can do it if he's really committed," she told The Jakarta Post Saturday.

Earlier in a press briefing, Sarwata admitted the Supreme Court's image had been tarnished by allegations of collusion and of rulings many experts branded as legally inconsistent.

Sarwata then announced he had formulated a plan to revitalize, restructure, reorganize, return the court to its original function, and improve justices' discipline. He did not elaborate.

When contacted for further details of the plan, Supreme Court Secretary-General Mangatas Nasution refused to comment. He did say, however, that the chief justice would explain the plan himself at the end of a three-day national meeting of the court, opened yesterday in Yogyakarta.

Harkristuti said that by "revitalization," Sarwata might want to empower the Supreme Court so it produced only quality rulings which were in agreement with the law and social development. She mentioned a number of rulings which contradicted such guidelines.

She cited the Supreme Court's contradictory decisions in the case of land appropriation for the construction of Kedung Ombo Dam in Central Java, and on the imprisonment of labor leader Muchtar Pakpahan. "Those decisions left many legal scientists at sea," she said.

In the first case, then chief justice Purwoto S. Gandasubrata overturned in 1994 an earlier ruling by justice Asikin Kusumah Atmadja that favored 34 Central Java residents affected by the dam's construction.

Asikin had ruled in 1993 that the government had violated the law by starting construction of the dam in January 1989, which was before the residents had agreed to the compensation offered.

Late last year, then chief justice Soerjono overturned an earlier decision made by Justice Adi Andojo Soetjipto that exonerated Pakpahan of charges of inciting labor unrest.

"Sarwata would be considered successful in revitalizing the court if it were to start producing quality decisions," she said.

In addition, the chief justice could be considered successful if he managed to improve supervision of the lower courts, as is the Supreme Court's responsibility.

As for reorganizing, Harkristuti said it would mean the Supreme Court examining the way it handles cases. She agreed the justices needed better discipline, and the court needed stronger campaigns against practices of collusion.

She criticized the court for branding a justice as being undisciplined for daring to speak of unpleasant truths about the court.

Skepticism

Professor of law J.E. Sahetapy of the Surabaya-based Airlangga University separately expressed doubt that Sarwata could restore the court's image.

"He'll fail and what he planned to do would be useless if he fails to open the court's real Pandora box," Sahetapy said Saturday.

He referred to two cases, which some observers believe have yet to be solved, as examples: the alleged collusion involving senior justices, and the ruling on Pakpahan.

"Unless he dares to reopen the cases, how can we hope for a change for the better?" Sahetapy asked.

Another legal expert, Adnan Buyung Nasution, said Sarwata should be able to convince the government of the supremacy of the law.

"A free, independent and impartial judiciary should be ensured according to the rules of the law, the constitution. In addition, there should be a judiciary that is free from government meddling," Buyung told the Post.

According to Buyung, the current legal system, which places judges under the jurisdiction of the Ministry of Justice, does not help in establishing an impartial and independent judiciary.

"If Sarwata could do that (establish a free, independent and impartial judiciary), then his five-point policy will bear fruit," he added.