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Strained budget hampers courts: Chief justice

| Source: JP

Strained budget hampers courts: Chief justice

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Although the Supreme Court now controls all courts following the
implementation of the one-roof administrative system, Chief
Justice Bagir Manan said improvements to the country's court
system seemed almost impossible due to budgetary constraints.

Bagir said the Supreme Court needed some Rp 5.5 trillion
(US$604 million) to start improving its performance. However, the
government had made available only some Rp 1.3 trillion for the
administration of justice, which had to be shared among the
Supreme Court, the justice ministry, the religious affairs
ministry and Indonesia Military (TNI) Headquarters.

"Most of the budget will go on salaries. It is virtually
confirmed the budget will not be increased," he told the People's
Consultative Assembly (MPR) on Thursday.

Bagir was delivering his accountability report on the Supreme
Court.

Currently, the Supreme Court oversees some 40,000 employees
across the country after taking over administrative powers from
the justice ministry, the Ministry of Religious Affairs and TNI
headquarters. Previously, it employed 1,000 people.

The one-roof administrative system is aimed at improving the
judiciary, which has been tainted by corruption at all levels
from that of the court clerks up to Supreme Court justices.

Bagir also complained about the poor condition of most court
buildings in remote areas.

"It's time the state prioritized the development of the court
system. It's strange that, amid the growing demand for the
establishment of a quality judiciary, the government neglects
requirements to achieve that goal," he said.

Bagir also asked the lawmakers to amend the Judicial Powers
Law (No. 4/2004) in order to set stricter conditions for appeals.
Currently, a restriction applies to criminal cases.

"It's too bad that the lawmakers did not restrict appeals in
civil cases, which make up the bulk of appeals filed with the
Supreme Court," he said. The court now has 51 justices, who
cannot do much to decrease the backlog of 19,000 cases.

Bagir suggested that the lawmakers consider promoting greater
recourse to out-of-court settlement procedures.

Later in the day, Constitutional Court President Jimly
Asshidiqie presented his accountability report, the first in the
Assembly's annual session as the court was only set up late last
year.

Jimly told the highest law making body the court had reviewed
the constitutionality of 22 laws, with another 22 cases still
being heard. It also resolved 273 cases involving electoral
disputes and one case involving a dispute arising out of the
presidential election.

He said the Constitutional Court, as the guardian of the
country's Constitution, would continue to help people understand
the law.

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