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)