UN rapporteur says RI judiciary in serious trouble
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.