Some perceptions of the Supreme Court

JAKARTA (JP): The Supreme Court used to be a highly respectable institution. In the past few years, however, the court has faced mounting public criticism. There have even been demonstrations against the court.

The Supreme Court is the highest judicial institution in the country. It is the court of last resort, to which desperate justice seekers cling. But the court has betrayed the public truth. This is reflected in some of its decisions which are against the public's sense of justice.

Several public figures shared their opinions about the Supreme Court.

Y.B.Mangunwijaya or Romo Mangun, a noted scholar and Catholic priest, is of the opinion that the Supreme Court no longer exists. "I don't know how to explain. The Supreme Court we have today is not the one that meets the standards required by international rules. It is our own model of that institution," he said.

Romo Mangun said he agreed with the remarks of Abdurrachman Wahid, also known as Gus Dur, chairman of Indonesia's largest Moslem organization, Nadhlatul Ulama, who once said that Indonesia only has a seolah-olah (mockery) of a Supreme Court and House of Representatives.

Romo Mangun is pessimistic. "Many of these institutions can no longer function as Indonesia's citizens hope."

Economist Kwik Kian Gie said that the Supreme Court is the highest and the most respected legal institution in the country. All of its decisions are final.

But Indonesia is now affected by a contagious disease -- violations of existing regulations and laws. "All these regulations can be changed or manipulated to conform to any specific condition.

"People expect the Supreme Court to be free of government intervention. The present court has lost its credibility because most of its decisions do not reflect legal or social justice."

Kwik said that the Supreme Court should be under the People's Consultative Assembly (MPR) to maintain its independence.

Loekman Soetrisno, sociologist at the University of Gadjah Mada in Yogyakarta, said that as the highest judicial institution, the Supreme Court must reveal truth and justice in its decisions.

However, the institution has done a great deal to ruin its own image in local and international legal circles, he said.

"No one will keep silent about what the Supreme Court is doing at the present. Many international bodies will attack this institution over its new verdict on labor activist Muchtar Pakpahan."

In this case, Loekman agreed with the opinion of former minister of population and environment Emil Salim, who said recently that the Indonesian foreign policy depends very much on domestic political activities.

"I appreciate Minister of Foreign Affairs Ali Alatas's efforts to improve our image internationally. But his efforts are not supported by our local political condition."

He said that all members of the Supreme Court should be independent. Distinguished lawyers should be allowed to be nominated as justices, and there should be no age restrictions, he said.

Dian Nitami, a popular actress, said she found the recent Supreme Court ruling on Pakpahan's case confusing.

"I don't have any knowledge about legal procedures but Pakpahan's case is very difficult to understand for commoners like me," she said.

But she believes that the Supreme Court should only be a last resort for seeking justice.

"People respect this institution. They consider it a sacred legal institution which protects their rights and justice. It is their final hope. So, please make a fair decisions."

Asmuni, an actor and comedian, said that as human beings, the Supreme Court justices are prone to make errors.

He said he has no idea of how to stop the Supreme Court from making unfair decisions, but he suggested that they take the oath of sumpah pocong. In this traditional practice, people take an oath dressed like pocongan, and wrapped in kain kafan, just like a dead person prepared for burial. This means that if the person tells a lie, that person will die.

"Yes, I think we have to think of different ways to make the Supreme Court justices really afraid of breaking their own oath."

In Javanese, people would say: gak iso neh ngarani, (We have nothing more to say about this institution), he said.

Permadi, a law school graduate and current paranormal, said he learned at law school that the Supreme Court is supposed to be the most respected legal institution.

"But here we are entering the so called zaman edan (era of madness) as foreseen by our ancestors, Ronggowarsito and Jayabaya (Javanese scholars and oracles). In this crazy era, it was predicted that we would see discontent," he said.

This causes goro-goro, or social upheaval, like the July 27 riots. And God will come and punish people through natural disasters: floods, earthquakes, etc. (swa/raw)