Supreme Court launches blue print on graft tribunal

Supreme Court launches blue print on graft tribunal

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

In introducing a blueprint for the establishment of a new
anticorruption court, the Supreme Court said it expected the
graft-busting body to be up and running by June.

It also said that it hoped its streamlined mechanisms and
better paid judges would be capable of finally improving the
performance of the legal system in combating graft.

In accordance with Law No. 30/2002 on the anticorruption
commission (KPK), the first anticorruption court will be
established as a chamber of the Central Jakarta District Court,
with other graft courts possibly following later should the need
arise.

The blueprint, which was presented on Wednesday at the offices
of the National Development Planning Board, places a great deal
of emphasis on the recruitment of judges and their remuneration.

It recommends that a newly appointed judge of the
anticorruption court at the first instance level should receive a
salary and allowances of between Rp 8 million (US$952) and Rp 9
million per month, a judge at the appellate level between Rp 9
million and Rp 11.5 million per month, and a judge at the final
appeal (Supreme Court) level between Rp 15 million and Rp 17
million.

"Proper remuneration is essential in order to guarantee the
independence of the judges so they can live in a manner befitting
their status without engaging in improper conduct," the blueprint
says.

Poor pay has often been blamed for contributing to rampant
corruption in the bureaucracy and judiciary.

A newly appointed judge of the district court is paid between
Rp 3 million and 4 million per month, a judge of the high court
between Rp 5 million and 6 million, and a Supreme Court justice
around Rp 12 million.

However, the blueprint argues that instead of increasing the
base salaries of the new court's judges, the Supreme Court should
instead augment their monthly income by paying them additional
allowances so as to avoid glaring discrepancies between their
salaries and those of ordinary judges.

The judges of the new court should be required to attend
regular refresher courses on anticorruption law, the blueprint
recommends.

The blueprint, which was commission by the Supreme Court and
has taken 10 months to complete, recommends tight recruitment
procedures for the judges of the anticorruption court.

The judges will be required to declare their wealth to the
Corruption Eradication Commission (KPK) before their appointments
and undergo a series of tests.

"The most important thing is transparency. The Supreme Court
must keep the public informed about the selection process," the
blueprint says.

The Supreme Court set up a judicial appointments selection
committee for the new court in December last year. Career judges
and law graduates can apply for judgeships on the new court.

Law No. 30/2002 stipulates that candidates drawn from the
ranks of the career judges must have experience in hearing
corruption cases, while non-career (ad hoc) judges must have been
working in the law for at least 15 years. In addition, they must
relinquish their existing positions if they are public servants
(such as lecturers in state universities).

However, the Supreme Court is still debating the nuts and
bolts of these issues.

Bagir said that legal academics who were appointed to the
anticorruption court bench should be allowed to retain their
existing positions.

"I don't think many bright young lecturers will be willing to
give up their jobs to sit on the anticorruption court. Working as
a lecturer will in no way lead to a conflict of interest," he
said.

However, Mardjono Reksodiputro of the National Law Commission
(KHN), which coordinated the preparation of the blueprint,
disagreed.

"I think they will need to give up their jobs as they will
have to devote themselves full time to working for the
anticorruption court. I would imagine that the court will have a
heavy work load," he said, referring to the plethora of high-
profile corruption cases currently plaguing the country.

Bagir also questioned why judges who had never previously
handled corruption cases could not apply for judgeships in the
new court.

"Hasn't there been enough controversy as regards the way some
members of the judiciary have dealt with corruption cases?" he
asked.

The Supreme Court trained 10 career judges in anticorruption
law last year. The judges also were involved in a comparative
study on the workings of the Hong Kong anticorruption court.

The drafting of the blueprint on the establishment of the
anticorruption court is part of the ongoing effort, underway
since 1998, to reform the Supreme Court.