Wed, 24 Mar 2004

Supreme Court to elect deputy chief

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

The Supreme Court (MA) will elect on Wednesday two deputy chief justices to fill vacant posts, despite opposition from legal experts and non-governmental organizations (NGOs).

The five career justices vying for the posts are the Supreme Court's supervisory director Marianna Sutadi Nasution, religious affairs justice Syamsuhadi Irsad, court director for state administrative affairs Paulus Effendy Lotulung, criminal affairs justice Abdul Kadir Mappong, and court director for military affairs German Hoediarto.

They will compete for support among 37 of their colleagues who are eligible to vote for them. The internal election, which will be the first of its kind, is stipulated in Law No. 4/2004 on the Supreme Court and is expected to create a more independent Supreme Court.

Prior to the enactment of the law, the House of Representatives (DPR) had the sole authority to select the chief justices and deputies.

A number of NGOs have asked the justices to be fair in casting their votes for the sake of the on-going reform of the Supreme Court.

In a poll conducted last month Marianna and Syamsuhadi came in first and second respectively. As of Tuesday, sources at the court said the justices still favored Marianna and Syamsuhadi.

A graduate of the University of Indonesia's School of Law, Marianna began to serve the court in Jakarta in 1964. Marianna has been criticized for her performance in finishing backlog cases, although she is known for her capability in legal affairs.

In 2000, Marianna made headlines, following the verdict on a land dispute involving a giant housing-complex developer in Jakarta, which allegedly offered billions of rupiah for justice.

Marianna, who led the panel of justices deliberating the case, allegedly received money, an accusation that she has consistently denied.

In 1997, she was on the panel of justices that dismissed the appeal filed by female worker who were fired by a textile company in Bandung, West Java, without the approval of the relevant authorities.

The Civil Servants' Wealth Audit Commission (KPKPN) reported that the wealth of the 53-year-old wife of a Golkar Party member amounted to Rp 2.8 billion and US$158,000.

Born in 1940, Syamsuhadi began his career in 1973 as the deputy head of a religious court in Central Java. He served as the director of the Religious Ministry's Islamic judiciary from 1997 to 2000.

Known as a low-profile justice, many doubt Syamsuhadi's capability to handle cases other than those concerning religious affairs. His wealth reportedly stands at Rp 904 million.

Another candidate, Paulus, who obtained his doctorate degree from Sorbonne University, was once known as an open-minded and intelligent justice. Due to his outstanding ability, he became a justice of the Supreme Court through a special program.

However, he incited controversy after heading the panel of justices that exonerated House Speaker and Golkar leader Akbar Tandjung in a corruption case recently.

Paulus was also criticized for providing the legal counsel for a fellow justice who was tried for bribery, following reports from the Joint AntiCorruption Team (TGPTPK). The 51-year-old is also the judge who later dismissed the institution.

His wealth reportedly stands at Rp 500 million and US$38,000.

German, a career justice from the military tribunal, is known for his adherence to the rules. However, he has often issued controversial verdicts, including the acquittal of Hutomo "Tommy" Mandala Putra from graft charges.

German once served as a member of the Supreme Court team that probed the alleged corruption of its officials in 1996. The team pronounced that there was no corruption in the Supreme Court, despite convincing testimonies from witnesses.

German, 53, was also the head of a panel which dismissed the lawsuit filed by 11 political parties demanding the dissolution of Golkar in 2000. He has Rp 1.297 billion in cash, most of the properties he owns are said to be grants.

Abdul Kadir Mappong, 51, came under the spotlight recently after KPKPN reported him to the police for his questionable wealth report. He has a total of Rp 1 billion, mostly in the form of properties. Half of the properties he owns are grants.