Category Archives: indonesia

December 27, 2012 · 03:46

Failing judges (Indonesia)

The Judicial Commission announced the results of its review of judicial profession, and its findings are not encouraging. According to The Jakarta Post, 70-80% of judges had not applied judicial procedures properly.

However, the report is a bit confusing in that is critiques judges for applying procedural rather than substantive justice standards. I heard similar complaints from colleagues in Indonesia, particularly when wealthy defendants received light punishments for large crimes and poor defendants were sentences harshly for trivial offenses. Still, it’s not clear how giving judges more discretion under a substantive justice standard ameliorates this problem. If anything, it might increase opportunities for corruption.

The KY also revealed that complaints fell from 1,710 in 2011 to 1,482 in 2012, and that more judges were being punished.

Comments Off on Failing judges (Indonesia)

Filed under ethics, indonesia, judicial commission, judicial reform, legal profession

December 18, 2012 · 04:13

Light on drugs (Indonesia)

Yet another horror story from Indonesia’s judicial system! Justice Ahmad Yamani was fired from the Supreme Court after it was revealed that he conspired with the court registrar to reduce the sentence of a convicted drug trafficker from 15 ears imprisonment to 12.

The Judicial Commission (KY) is now investigating the other two justices who sat on the panel with Yamani, Justices Imron Anwari and Nyak Pha. According to The Jakarta Post, Yamani testified that the reduction in sentence occurred at the instruction of Justice Imron.

While money laundering expert Yenti Ganarsih hopes that the Corruption Eradication Commission can investigate the case in order to uncover the “judicial mafia” that plagues Indonesia’s court system. However, the same The Jakarta Post article also mentions concerns for worry about the political leadership’s commitment to combatting narcotics trafficking. President Yudhoyono has granted clemencies for several drug convicts, suggesting a larger trend.

Comments Off on Light on drugs (Indonesia)

Filed under indonesia, judicial commission, narcotics, Supreme Court

November 29, 2012 · 04:42

Mahfud’s on top (almost) (Indonesia)

A few days ago, I posted news that Mahkamah Konstitusi Chief Justice Mahfud MD is leaving the court after his term expires next year. I speculated that this is directly linked to his presidential ambitions. Lo and behold, a new poll from Lembaga Survei Indonesia finds Mahfud to be one of the most popular potential presidential candidates. Over 74% had a favorable impression of his leadership ability (second only to Jusuf Kalla at 79%). Moreover, Mahfud scored highest on a question asking about general positive image (79% versus Kalla’s 77%).

A caveat is that the poll does not necessarily ask whom respondents will vote for. Voters can of course respect a candidate but for various reasons choose another, perhaps because of a specific policy proposal.

Nonetheless, it seems the question is not if, but how, Mahfud will run. From the polls alone, a Kalla-Mahfud pair sounds unbeatable. Mahfud, as Javanese (Kalla is from Sulawesi) might even make more sense at the head of the ticket. But all we have thus far is speculation. My guess is that Mahfud will have a more difficult time passing the first round of the presidential voting than the second. In other words, he’d need enough name recognition and a political party apparatus to support his bid and make it past the first round.

Mahfud’s response to all the speculation has certainly not been Shermanesque. According to The Jakarta Post, his response to the speculation was:

I can’t decide now because it will affect my present position as chief justice with the Constitutional Court, as well as at my [academic] institution. Let’s wait until after my term expires in April.

Which sounds like a good reason for retiring from the MK!

Comments Off on Mahfud’s on top (almost) (Indonesia)

Filed under indonesia, Mahfud, Mahkamah Konstitusi

November 28, 2012 · 00:17

Mahfud’s heading out (Indonesia)

Chief Justice Mahfud announced recently that he will not seek a second term as chief justice of the Mahkamah Konstitusi. When going through his confirmation hearings, Mahfud promised to be less outspoken and to not “legislate from the bench”. However, the chief justice has become a mainstay in the public media, often commenting about hot-button political issues. The court has also taken an increasingly populist turn under his watch. Recently, the MK declared BP Migas unconstitutional because it undermined state control over natural resources.

Many suspect that Mahfud’s stepping down next year will allow him to run for the presidency in 2014. As a former professor of Islamic law, Mahfud has Islamic credentials without being too “fundamentalist”. His decisions from the bench and lack of corruption scandals both allow him to portray himself as a populist. Given the relatively weak presidential field next year, he has a fair shot at president or vice-president. The biggest question might be which party he chooses to join. He was a DPR member from PKB from 2004-08, but I could imagine him forming an alliance with a larger party to pass the electoral threshold for fielding a presidential candidate.

The Jakarta Post has a brief retrospective.

Comments Off on Mahfud’s heading out (Indonesia)

Filed under indonesia, Mahfud, Mahkamah Konstitusi

November 10, 2012 · 04:07

Reset the Indonesian judiciary? (Indonesia)

Constitutional Court Chief Justice Mahfud MD certainly has developed a reputation for making controversial statements. However, his recent proposal for judicial reform might be his most controversial yet. According to The Jakarta Post, in a recent speech, he advocated firing all enforcement officers and replacing them. His logic is that the only way to break the networks of corruption is to fill judicial institutions with individuals not plugged into the networks.

I actually don’t know of any country that has pursued such a drastic strategy. Pak Mahfud’s logic is sound, but I’d be shocked if Indonesia’s political elite agreed to it. However, if Pak Mahfud himself becomes a vice presidential candidate in 2014, he might have more opportunities to push his proposals.

Comments Off on Reset the Indonesian judiciary? (Indonesia)

Filed under indonesia, judicial reform, Mahkamah Konstitusi