Tiarma Siboro, Jakarta – Consistent law enforcement remained elusive in 2005, which a legal aid foundation said was the fault of the Supreme Court.
In its year-end review issued over the weekend, the Indonesian Legal Aid Foundation (YLBHI) said the subpar performance of the Supreme Court was evident in its failure to supervise judges and prevent violations of the profession's code of ethics. YLBHI said the establishment of the Judicial Commission would help the Supreme Court carry out its supervisory task, but "there is a tendency for the commission to restrict its work to examining verdicts delivered by judges instead of investigating whether certain judges abuse their power".
"In several places, such as Papua, North Sumatra and West Sumatra, judges dismissed charges against businessmen accused of involvement in illegal logging during preliminary hearings. This discouraged the work of prosecutors and the police, who might have expanded their investigations," YLBHI executive director Munarman said.
Once of the cases he referred to was the South Tapanuli District Court's decision to dismiss charges against D.L. Sitorus, an executive at timber company Torganda, in October during the preliminary hearing.
There was a similar case in Padang, West Sumatra, where the local district court dropped a case against Teddy Antoni from PT ATN and two officials from the regency transportation agency in Mentawai.
"Officials in charge at the Supreme Court lack the political will to improve the performances of judges. They are reluctant to take action against judges who may have abused their power.
"The principle of independence has only helped the judges escape punishment," Munarman said.
The Supreme Court is being scrutinized by the Corruption Eradication Commission over allegations of bribery.
Regarding human rights issues, Munarman called the ongoing investigation into the killing of leading human rights campaigner Munir as "a critical point in the country's commitment to human rights".
"Many parties not connected with the judiciary have meddled in the investigation into the murder. At the same time, the police lose their power when they have to confront an institution seen as more powerful (than the police)," Munarman said, referring to the National Intelligence Agency (BIN).
The Central Jakarta District Court found Garuda pilot Pollycarpus Budihari Priyanto guilty in the Munir murder, but said there were indications the killing was a conspiracy involving other parties.
However, the police have said they lack the evidence to expand their investigation and look at the possible involvement of other parties in the crime.
The court heard that several phone conversations took place between Pollycarpus and former BIN director Maj. Gen. (ret) Muchdi Poerwoprandjono and other BIN officials prior to the murder.
The YLBHI also praised the House of Representatives' ratification of international covenants on civil and political rights, and on economic and social rights.
But it regretted the government's failure to follow up the ratification with supporting regulations.
Doni Hardiyanto, who heads the foundation's political rights division, said the government had discouraged the implementation of the two prominent covenants.
The government's policies in contravention of the covenants include the submission of a state secrecy bill and the decision to raise fuel prices, Doni said.