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Jakarta suspends 'corrupt' judges in Manulife case

Source
Straits Times - August 8, 2002

Devi Asmarani, Jakarta – Three Indonesian judges involved in the high-profile and controversial bankruptcy case of a Toronto-based insurer have been suspended on charges of corruption, an indication that Jakarta is acting to clean up one of the world's most corrupt legal systems.

The Ministry of Justice and Human Rights said on Tuesday that a presidential decree dismissed the judges of the Jakarta Commercial Court temporarily.

This is pending an investigation into allegations that they received bribes to slap a bankruptcy verdict on Asuransi Jiwa Manulife Indonesia last month. It was later overturned by the Supreme Court.

Justice Minister Yusril Ihza Mahendra said that an inspector-general attached to the ministry had recommended that Ms Kristi Purnamiwulan, Mr Cahyono and Mr Hasan Basri be 'dishonourably discharged from their position as judges' after concluding that they were guilty of "disgraceful deed and violating their oath of office". "After I read the report from the inspector-general, I agreed with him," he said.

An independent disciplinary board would recommend to the High Court in 30 days whether or not to sack the judges, while police would investigate the case, he said. The judges maintain their innocence, with Ms Kristi and Mr Cahyono planning a lawsuit against the government.

The decision has won praise in a country where the law-enforcement and judiciary systems are seen as the most corrupt institutions.

Lawyer Frans Hendra Winarta told The Straits Times: "They deserve heavy sanction. It's time President Megawati Sukarnoputri's government and the Supreme Court imposed punishment to corrupt judges to deter others." In the past, similar cases often ended with judges being moved to non-judiciary positions at the Justice Ministry, where some proceeded to make money as "case brokers", acting as middleman between judges and the plaintiffs or defendants, he said.

Meanwhile, the US envoy to Jakarta, Mr Ralph Boyce, yesterday praised the Indonesian government's efforts to reform its legal system in the past year.

"It's not an easy task, but in the last year the Indonesian government has done more to root out corruption, to try those responsible for past crimes, to make the justice system work, than at any time in Indonesia's history," he said.

His comment came after grimmer remarks on the justice system. US Secretary of State Colin Powell last week urged Jakarta to intensify efforts to clean up its courts to woo back investors.

Last month, United Nations investigator Param Cumaraswamy said widespread corruption had undermined both local and foreign confidence in the legal system.

But most other Indonesian judges appeared distraught at the latest development, arguing that the government had violated the law.

Indonesian Judges Association chairman Toton Suprapto said the judges should have been given the chance to defend themselves before a disciplinary board prior to their dismissal.

He said: "It's not that we are protesting the move or protecting the three judges, but it is not right to make a move at the expense of breaking the existing laws."

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