Supreme Court denies lack of transparency
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)