Judiciary Reform : Focus on Personnel
A judge identified as S was recently caught red-handed receiving bribes from a lawyer, who is identified as PW, by the Corruption Eradication Commission. The commission’s investigators found Rp 250 million in cash in various currencies at the judge’s house.
It was unfortunate for Indonesia’s judiciary that the arrest came just a few days after chief justice Harifin Tumpa announced that a 2010 survey conducted by a US institution had found that only 70 percent of the public were satisfied with courts’ performance.
The judiciary has been implementing reforms since 1999, costing trillions of rupiah. The budget for these reforms came not only from the state, but also donor countries and international finance organizations.
A series of questions arises following the recent arrest: Why do judges receive bribes? Does the recently increased take-home pay for judges not correlate with corruption eradication? Can the courts, as the last bastion of justice, be trusted in delivering justice without monetary intervention? Have the judiciary reforms failed?
The answers to these questions may lead to a perception that Indonesia’s judiciary reform is doomed to fail. However, it is not fair to conclude that the judiciary reform has failed only due to one incident or two.
It should be understood that in reforming the judiciary, there are two components that need to be overhauled. First reforming the system and the second the personnel.
Over the last 10 years, judiciary reform in Indonesia has put an emphasis on the system. In this area the efforts have born fruits, to some extent.
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President Susilo Bambang Yudhoyono (SBY) is planned to inaugurate two Constitutional Court Judges today (7/1). The two judges are Ahmad Fadil Sumadi, Vice Chief Judge of PTA (High Religious Court) Jogjakarta, and Hamdan Zoelva.