Soerjono's bid puts Soeharto in tricky position

Soerjono's bid puts Soeharto in tricky position

JAKARTA (JP): Constitutional law expert Yusril Ihza Mahendra
said yesterday that Chief Justice Soerjono's request for an
honorable dismissal of Justice Adi Andojo, who blew the whistle
on collusion and bribery at the Supreme Court, has put President
Soeharto in a difficult situation.

"Soerjono's letter is a fait-accompli on the President. It
puts him in a spot," he told The Jakarta Post.

"The President has to take care that the image of the
Indonesian legal system won't deteriorate further. But on the
other hand, he also has to keep Soerjono and the other justices
who signed the request from losing face."

To add to the already heightened pressure, "people say that
they hope the President will make a wise decision," said Yusril,
a lecturer at the University of Indonesia's law school.

Minister/State Secretary Moerdiono disclosed on Friday that
President Soeharto had received a letter from Chief Justice
Soerjono proposing that Justice Adi be discharged.

The move marked the culmination of a public row between
Soerjono and Adi over allegations of collusion in the Supreme
Court. Adi insisted that collusion practices were rife, while
Soerjono said there was no evidence to support the claim.

The chief justice later ordered Justice Adi to desist, saying
that his action was undermining the integrity of the court.

Law No. 14/1985 on the Supreme Court empowers the President to
discharge, honorably or otherwise, members of the court at the
chief justice's recommendation. The grounds for termination may
be at the request of the justice concerned, or because of age (65
years old), physical illness, or an inability to carry out
duties.

Justice Adi is 64 years old, appears to be healthy, and has
not voiced a desire to step down.

Whatever Soeharto's decision will be, Yusril said, the letter
was unlawful: "If there's any violation of procedures in the
Supreme Court, it's Soerjono's request ... because Adi does not
fit any of the grounds cited in the law."

Yusril also said that, by law, all of the Supreme Court
justices should first assemble and discuss the planned dismissal
beforehand.

"It should be a collective decision. The chief justice, the
vice chief justice, the deputy justices and the concerned justice
should be involved in the discussion," said Yusril.

"Chief Justice Soerjono has failed to hold this meeting. He
only told the justices to sign the request," Yusril said.
"Furthermore, he didn't even make an effort to call up Justice
Adi."

Separately, Secretary-General of the Supreme Court Toton
Suprapto defended Soerjono's request yesterday, saying that the
decision was reached in a democratic manner.

"He has discussed the request with other deputies of the
Supreme Court before sending it to the President," Toton said at
a press conference.

Toton said he supported Adi's crusade against alleged
collusion in the Supreme Court, but regretted the way Adi bared
all to the press. "He ruined the Court's name," he said.

Toton's statement invited criticism from the Legal Aid
Institute, which has been supportive of Adi's move all along.

The institute's director of communication, Hendardi, said
Toton's statement is an insult to people's intelligence and has
put the press in a bad light.

"It belittled the role of the press as one of the mainstays of
democracy, whose task is to provide society with correct
information," Hendardi said.

Hendardi also said that the request has caused the public to
question the willingness of the Supreme Court to rid itself of
any forms of collusion.

The request may cause people's distrust of the legal system,
especially the Supreme Court, to increase, he said. (06/imn)