UN probe into Indonesian judiciary likely to up pressure on government

Berni K. Mustafa, The Jakarta Post, Jakarta

Legal experts have welcomed the presence of the United Nations' special rapporteur on the Indonesian judicial system, saying it should increase the pressure for legal reform amid mounting criticism that the government is not doing enough.

Achmad Ali, a legal expert from Hasanudin University in Makassar, said the arrival of the UN special rapporteur here underlined international concern over the prevailing legal uncertainty in Indonesia.

"At least we can expect more pressure on the government to improve Indonesia's legal system," he told reporters on Thursday.

The government invited UN special rapporteur Param Cumaraswamy to spend 10 days here assessing the country's judicial system. But according to the Ministry of Foreign Affairs, it was the UN that initiated the visit.

Achmad said the poor state of Indonesia's judicial system was undeniable and could not be kept hidden from the world.

Asked whether the UN may be losing confidence in Indonesia's legal reforms, he answered, "I would say we have to accept this as a sad fact."

Cumaraswamy in his first comments after arriving here on Monday said that Indonesia's judicial system was in serious trouble. He said he expected to conclude his visit with recommendations for the government.

But lawyer Frans Hendra Winata said the government may lack the political will to actually follow up on any UN recommendations.

"The political will of this and the previous government has not been very apparent. Do they really want to uphold the law?" he asked.

Teten Masduki, a member of the National Ombudsman Commission and chairman of Indonesian Corruption Watch (ICW), was pessimistic about the government's response to the possible UN suggestions.

The problem, he said, was not so much whether Indonesia could reform its judicial system but how strong the commitment to do this was.

"Political corruption is getting worse and that's why there is no political commitment to fix it; politicians need to keep corruption going in order to maintain power."

However, he said the international community had a stake in ensuring the law was upheld in Indonesia, especially foreign investors.

He added that Indonesia risked isolation from the international business community if the government failed to act on the UN recommendations. "The terms for foreign loans will also become stricter."