Jakarta – The government has proposed a new system of anticorruption courts in which each province, regency and municipality would have its own court to deal with graft cases.
Chairman of the steering committee drafting the anti-corruption court bill, Romli Atmasasmita, said Wednesday the draft proposed the new courts serve as the sole authority to try graft cases turned over by the Corruption Eradication Commission (KPK) and state prosecutors.
Currently, there is only one anticorruption court in Jakarta handling such cases submitted by KPK.
"Each court would be headed by the corresponding chief of district or high court," Romli said at a press conference announcing the completion of the bill draft at the Justice and Human Rights Ministry.
"The chief would assign a team consisting of a minimum of three and a maximum of five judges to try a graft case." The courts would be set up gradually, he said, with those at the province level receiving priority.
"The Supreme Court would decide whether or not all provinces and regions need anticorruption courts, as some regions record very few cases."
The Constitutional Court ruled in December last year the Corruption Court was unconstitutional because it was set up under the 2002 law on the KPK, while the 1945 Constitution stipulated the establishment of any court under the Supreme Court needed to have its own legal basis.
The Constitutional Court gave the government three years to implement a new system.
Indonesia Corruption Watch (ICW) coordinator of judiciary monitoring Emerson Juntho said the proposed bill was positive, but it would be more realistic to establish courts at the province level only.
"Recruiting judges for each of the district courts would be a problem. And it wouldn't be easy to control them all," he said.
He added the anticorruption courts should be separated from district and high court institutions, unless the latter managed to clean up their negative images.
"The district and high courts have yet to tackle their chaotic administration and negative environments," Emerson said.
"The public still has no trust in them, and it will see the anticorruption courts as no different from the existing criminal court system if the two are not separated."
Besides increasing the number of the anticorruption courts, Romli said, the draft stipulated the establishment of each court be preceded by preliminary investigations.
He said the draft made budgets the responsibility of the Supreme Court, and that transparency and accountability would be principles of the trial process.
It further specified the Supreme Court would form a selection committee to appoint judges to each court, and judges would be precluded from holding "double" positions.
Romli said the draft would be sent immediately to the President. He expected the House of Representatives could begin deliberation by the end of January. (wda)