UN rapporteur says RI judiciary in serious trouble

Berni K. Moestafa, The Jakarta Post, Jakarta

On his third day of his mission to investigate the independence of Indonesia's judiciary, a United Nations legal expert said on Wednesday that it had serious problems.

UN special rapporteur on the independence of judges and lawyers Dato' Param Cumaraswamy said his impression stemmed from the frequent corruption reports in the local media.

"I think there are serious problems in the Indonesian judicial system," he told reporters after meeting Minister of Foreign Affairs Hassan Wirayuda at his office.

"So this is why I am trying to understand the situation in a clearer and more detailed manner before I make my recommendations."

Cumaraswamy arrived here on Monday on a ten-day mission to probe the country's judicial system, including the state of the rule of law. At the end of his mission he plans to make recommendations to the government on ways to improve its judiciary.

Ministry of Foreign Affairs spokesman Marty M. Natalegawa said the government invited Cumaraswamy. Yet the initiative had come from the UN.

He said the invitation came after the UN had asked Indonesia for permission to send its rapporteur here, indicating the UN's concern over what was seen as prevalent legal uncertainties.

"The foreign affairs minister emphasized that the rule of law and upholding human rights are the main pillars of our reform toward a democracy," Marty said of the meeting with Cumaraswamy.

However analysts have said the government's political will for legal reform is nil, or weak at best. Political parties are seen to benefit from this situation, raking in public funds to support their campaigns.

Corruption has worsened over the past four years since the fall of president Soeharto triggered a general collapse of law and order.

Foreign interest in Indonesia's judiciary is rising in the wake of questionable verdicts harmful to foreign investors.

The latest case was the bankruptcy verdict issued against Canadian based insurance firm PT Asuransi Jiwa Manulife by the Commercial Court, which the Supreme Court later overturned.

Cumaraswamy said he expected to hear "a lot of examples" of dubious court cases, which might include the Manulife case.

He also wanted to discuss with the authorities the progress of the ongoing trial of human rights abuses committed in East Timor in 1999. As yet, no one has been convicted.

Marty said the government was hoping Cumaraswamy would gain a comprehensive view of the country's judiciary.

"Oversimplification is often the problem, so we want him to come here and see things in a local context."

Cumaraswamy is a Malaysian lawyer who has been a UN rapporteur since 1994. He met several Supreme Court judges on Monday and will meet the attorney general and other senior officials.