APSN Banner

Court accused of resisting reform

Source
Jakarta Post - August 3, 2006

Ary Hermawan, Jakarta – Anticorruption activists are attacking the Supreme Court for what they call its strong resistance to internal judicial reforms being advocated by the independent Judicial Commission.

"We could all see the resistance from the Supreme Court when it decided to ignore recommendations and ideas from the Judicial Commission," Indonesia Corruption Watch coordinator Teten Masduki told a seminar here marking the commission's first anniversary Wednesday.

Despite being invited, neither Supreme Court Chief Justice Bagir Manan nor his representatives showed up. "His absence is a blatant signal of defiance against judicial reform. He has no shame," Teten said.

The commission was established last year to select and supervise judges. Conflict between the two bodies began after the Supreme Court rejected the Judicial Commission's recommendation that the government review dozens of judges. The tension has been escalating as both sides prepare revisions to the 2004 Law on the Judicial Commission.

Judicial Commission chief Busyro Muqoddas said he would file a request that the House of Representatives review the law in order for the commission to get greater or "proportional" authority.

Meanwhile, 40 justices of the Supreme Court have filed a request for the Constitutional Court to review the law in a bid to reduce the Judicial Commission's power. The commission also asked President Susilo Bambang Yudhoyono to broaden its powers by issuing a regulation in lieu of law. However, the President declined.

State Secretary Yusril Ihza Mahendra said there was no compelling reason for the President to issue such a regulation. Yusril said the government did not agree with the commission's claim that there was an urgent need for the regulation in order to strengthen its efforts to carry out judicial reforms.

In response, Busyro Muqoddas said the government's refusal was an indication of its lack of support for judicial reform within the Supreme Court.

Teten said the Judicial Commission could not accomplish much during its first year, while the level of corruption in the judicial system was so high that it could "no longer be supervised".

"The only way to clean up our judiciary is by replacing all the justices, as proposed by the Judicial Commission," he said. "This is the irony of the Judicial Commission. It was built with a great ambition (to clean up the judicial system), but has failed to gain political support from the government and the House that jointly created it," Teten added.

Busyro said the commission had investigated 360 of 860 cases against judges based on reports from the public. "We have sent 18 recommendations to the Supreme Court but none of them have been followed up," he said. "It's a good thing. It means that we have to be more patient," he said, jokingly.

Benny K. Harman, a member of House Commission III on law, legislation, human rights and security, said the Judicial Commission had been structured as an auxiliary agency that could easily be ignored. "Its authority to carry out supervision is limited," he said.

Country