Supreme Court gains its official independence

Supreme Court gains its official independence

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.

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.

"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.