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.