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.