Some perceptions of the Supreme Court
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)