Wanted: A good judge

Was President Abdurrahman Wahid wrong in proposing Benjamin Mangkoedilaga as chief justice? Constitutionally, the President does not have the right to meddle in the judicial body. The prerogative to nominate members of the Supreme Court, including its chief, belongs to the House of Representatives. The President only selects the person among the nominees proposed. The President, therefore, has overstepped his authority when he suggested that Benjamin, a former judge whose commitment to democracy and justice is beyond doubt, take over from Chief Justice Sarwata when the latter reaches the mandatory retirement age of 65 in August.

It is no wonder that many existing judges, including justices of the Supreme Court, are up in arms against the very idea of the President trying to influence the appointment of the country's number one judge. His action apparently is also in violation of the 1985 Law on Supreme Court which says that the head of the Supreme Court must be selected from existing pool justices.

Yet, it is one thing to declare one's wishes, and another to try to impose one's will. The President may have been in the wrong, both constitutionally and legally, but he is reflecting the wishes of many people in this country that someone with a proven track record and strong reputation like Benjamin should be in charge of the country's highest court. It also reflects the President's distrust, again widely shared by the public, in the ability of the legal system to dispense justice, because the court has for decades been a tool to serve the interest of the New Order regime.

This feeling of mistrust goes straight to the top people who run the country's judicial system, which means almost the entire Supreme Court. These senior judges have all been appointed under past regimes of Soeharto and Habibie. Most have colluded with the powers that be, depriving the people in this country of justice. They have made a mockery of the Supreme Court as the last bastion of justice, making decisions that continually favored the regime when people turn to them for equitable judgement.

The best example of this is the infamous 1996 Supreme Court decision reversing the Jakarta State Administrative Court ruling which faulted the government for closing down Tempo magazine in 1994. That bold decision against the government was made by no other than Benjamin. Unfortunately but not unexpectedly, he paid dearly with his professional career for this courageous stand against the Soeharto regime. He was moved out of Jakarta after his celebrated ruling, and then phased out the judiciary.

The existing justices in the Supreme Court have let the nation down far too often in the past, raising doubts about their commitment to justice, should one become the Chief Justice in the current era of democracy. Since the downfall of the Soeharto regime in 1998, the legal system has been one of the primary targets for reform. Yet, little has been done with regard to revamping the courts, which, many people will testify, are rampant with collusion and corruption.

The entire judicial body needs to be revamped to bring it up to date with the current environment of democracy and justice. Reform is a long process, but what better way to launch it than by starting from the very top, that is, the Supreme Court. Benjamin, unlike other justices, is not tainted with the corruptive practices of the past, and could well be just the right person to head the court. While the President is as committed to upholding the law as the next person, the law requiring the chief justice be selected from existing justices must be waived, should none of them meet the criteria and demands of the time.

President Abdurrahman may not have the authority to nominate the next chief justice, but he definitely spoke for many people in this country when he proposed Benjamin for the job. The House of Representatives, whose task it is to nominate the candidates, should heed the wishes of the people.