Supreme Court Mafia: Indonesia

By Barrie | September 9th, 2007 | No Comments

There remains a low rate of reform in the Supreme Court and the mafia still exists within its ranks, experts said. Mahfud MD, a legislator from Commission III with the House of Representatives, said the court’s reform process had failed because of judicial corruption and the court’s mafia as the Jakarta Post article explains.

“If reform is measured by the process of cleaning out the mafia, then we must say the Supreme Court under Bagir Manan has failed to reform,” he said.

“The case of Harini Wiyoso is an example and proved mafia practices still exist.”

Harini Wiyoso was a lawyer for Probosutedjo, the step-brother of Indonesia’s former President Soeharto. Harini tried to bribe Chief Justice Bagir Manan and several other judges in 2005.

Law professor with Airlangga University in Surabaya Jacob Elfinus Sahetapy said, “In order to see a full reform of the Supreme Court, the Judicial Commission must be reinforced so it can discipline corrupt judges”.

“But the commission cannot interfere in judges’ rulings … internal supervision is needed.

“The roles of the Justice Honors Council and the Supreme Court Honors Council should be revised (to avoid) overlaps.”

Elfinus also said mafia practices were impossible to trace.

“And it’s getting darker and darker inside the court, with no obvious reform.”

The Constitutional Court last year ruled members of the Judicial Commission were not entitled to supervise Supreme Court justices and Constitutional judges.

The court also ruled the House of Representatives and the government needed to amend the Judicial Commission Law.

Mahfud said, “With no Judicial Commission authority to (supervise), it will be very hard to (monitor) the court”.

To avoid overlaps in the law, the House would finish synchronizing the Judicial Commission Law, the Supreme Court Law, and the Constitutional Court Law by next month.

“Some Commission III members have suggested the Judicial Commission supervise the court,” Mahfud said.

“But this cannot be fully accepted as it would be impossible if the court itself did not have the authority to manage internal supervision.”

The Judicial Commission, established in 2005, would focus on three programs over the next five years, including researching court rulings, investigating judge behavior and advocacy for victims of judicial mafia.