Supreme Court gains gains freedom and powers

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Supreme Court increased its status as the country's ultimate legal body on Wednesday when it took over powers from the Ministry of Justice and Human Rights, a historical move that would ensure the courts' independence, the justice minister said.

The transfer would mean the judiciary would be freed from direct government intervention, Minister of Justice and Human Rights Yusril Ihza Mahendra said in a speech marking the occasion.

"Indonesia will (now) uphold the rule of law instead of (the rule of) power," Yusril said. The last time the court was completely independent from the government was more than 39 years ago.

The transfer follows the enforcement of the Law No. 4/2004 on judicial power and Law No. 5/2004 on the Supreme Court, which reinstates a single judicial system.

The ministry earlier handled the court's administrative and financial affairs while the Supreme Court focused on cases. The ministry's power to determine the promotion and rotation of judges meant that it had been accused of influencing Supreme Court judgments.

As the government would no longer be involved in judicial affairs, Yusril asked people to stop holding rallies outside his office to vent their disappointment with particular court verdicts.

Recently dozens of supporters of Abu Bakar Ba'asyir held a protest outside his office to demand the acquittal of the Muslim cleric who the United States suspects of being linked to terrorist group al-Qaeda.

Chief Justice Bagir Manan said the new system would make it impossible for the state to manipulate the courts to accommodate its interests.

Bagir called on his subordinates across the country to work harder to develop a better judiciary and call on the House of Representatives to deliberate the bill setting up a judicial commission, the body needed to oversee the Supreme Court's performance.

"Since the idea of a single judicial system was introduced, many people have accused the courts of unwillingness to fight corruption, collusion and nepotism as well as judicial corruption."

"We must work hard to prove (to the public) this system will not turn the Supreme Court into 'a nest of crooks', an accusation already leveled by many," he said.

Bagir said a law setting up a judicial commission was now mandatory. The commission would "remind us when we make mistakes," he said.

About 300 employees of the justice ministry's directorate general, which administers the courts, have been transferred to the Supreme Court. The body will also gain dozens of employees from the Ministry of Religious Affairs in June, who will oversee the country's religious courts.

Bagir said the religious courts were being restructured -- a process that was expected to be completed by the end of the year.

"There will possibly be some layoffs but we have not decided yet," he said.

History of the country's judiciary

1964 : The government enacts Law No. 19/1964 on judicial power

and later Law No. 13/1965 on general courts and the

Supreme Court, which places judicial powers under the

executive and ranks the Supreme Court on par with a

ministry

1966 : The Central Java branch of the Indonesia Judges

Association (IKAHI) considers the idea of a single

judicial system

1966 : The Supreme Court urges the government and the House to

amend legislations that undermine the courts. It asks to

be split from the justice ministry.

1967 : President Soeharto sets up a team to draft a

bill on the judiciary but the justice ministry opposes

the bill proposed by judges.

1970 : President Soeharto enacts Law No. 14/1970 on judicial

power, which fails to stipulate the separation of the

Supreme Court from the justice ministry.

1998 : The People's Consultative Assembly (MPR) issues a decree

on the split of the judicial power from the executive.

2004 : The House passes Law No. 4/2004 on judicial power and

Law 5/2004 on the Supreme Court, which reinstate the

single judicial system.