Supreme Court denies lack of transparency

JAKARTA (JP): The Supreme Court cold-shouldered on Monday mounting criticism over its lack of transparency in issuing its ruling on cases, saying it has complied with all the necessary procedures.

Deputy Chief Justice Taufiq said that the court did not necessarily announce the date of a ruling's reading beforehand, because it is able to meet legal requirements as long as it is read in a session which is declared open to the public.

"It's not necessary for us to invite the public or announce to the media to attend a hearing. All decisions are unanimously approved by a panel of justices who then agree to make it public.

"We open the courtroom's door to see the presiding justice bang the gavel on each of the decisions. So every decision is legal," he said.

Taufiq added that there had been no fixed schedule for a session to hear the ruling of a case.

Separately, Supreme Court spokesman Djudjuk A. Rozzag told The Jakarta Post that there had been no standardized mechanism of how a ruling was heard, making it possible for the court to announce the verdict of more than one case at the same time.

Attacks on the Supreme Court have intensified after it annulled a government regulation on the establishment of the Joint Anti-Corruption Team (TPGTPK), an organization whose task included the investigation and prosecution of allegedly corrupt judges.

The ruling was made on March 23, but was made public only a week later.

The joint team recently brought several Supreme Court justices to trial for allegedly taking bribes.

Several organizations who opposed the Supreme Court insisted that the court decision only became legal once it had been presented to the public.

Taufiq argued that the controversial decision was taken on the grounds that the government regulation that allowed the establishment of the joint team violated the superior Anticorruption Law No. 31/1999, which requires the presence of an anticorruption commission.

The joint team was dubbed an embryo for the commission which is scheduled to be formed next August.

Taufiq said that the decision made was purely based on legal arguments by a special team of justices assigned for judicial review led by Paulus Effendi Lotulung, the deputy chief justice for administration.

"It's purely a legalistic decision. Pak Lotulung is a law professor and he was assisted by credible justices (during the session which ruled out the joint team)," he said.

Lotulung refused to meet the media's demand for an interview at his office, citing exhaustion after a trip out of town.

Taufiq said the court is now considering a judicial review of many presidential decrees and government regulations. He failed to elaborate.

Meanwhile, lawyer Trimedya Panjaitan said the court's lack of transparency had resulted in its employees seeking "profits" throughout a case's process.

"It's difficult to find out what happens to a case we have filed if we solely depend on a formal process. Money talks even in our attempts to know where our case is placed on the list.

"The bargaining continues when we want our case to be prioritized and when we choose the team of justices," he told the Post.

"I suggest the Supreme Court be more open on the decision- making of a ruling, especially in big and controversial cases, to curb corrupt practices," he added. (bby)