Wanted: A good judge

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.