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Court election plagued with money politics

Long considered as a bastion in the country’s judicial system, the Supreme Court (MA) these days is plagued with money politics ahead of the selection of its chief justice, which is set for Wednesday

Ina Parlina (The Jakarta Post)
Jakarta
Tue, February 7, 2012

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Court election plagued with money politics

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ong considered as a bastion in the country’s judicial system, the Supreme Court (MA) these days is plagued with money politics ahead of the selection of its chief justice, which is set for Wednesday.

Rumors about vote-buying practices have circulated as 54 justices prepare to elect a new chief justice to replace Harifin A. Tumpa, who will retire in March. Some media sources have even estimated that the cost of one vote could be as high as Rp 5 billion (US$555,555).

The rumors have prompted the Judicial Commission, judicial watchdogs and legal associations to scrutinize the selection process to ensure the right person heads up the Supreme Court.

They also demanded the selection on Wednesday be transparent to ensure fairness.



Judicial Commission member Suparman Marzuki said he heard the rumors from the media. He said he planned to check the information with a number of different sources.

“The commission is currently gathering information about the [money politics] rumor,” he said on Monday.

Suparman acknowledged the court’s chief justice was a very strategic position because whoever secured the post would have broad authority in overseeing all the country’s judicial institutions, from the most senior down to the regional level.

The chief justice, he added, could also influence the promotion of justices. “Even though there is always a specific team charged with the promotion and rotation of judges, the chief justice can always promote his favorite. And he has tremendous influence over the whole promotion process,” Suparman said.

Meanwhile, Erman Umar from the Congress of Indonesian Advocates (KAI) said that his team had also been monitoring the selection at the Supreme Court to minimize potential irregularities.

“Regardless of whether or not it is only rumor, we are urging the Supreme Court to make the selection on Wednesday more transparent,” Erman said. “And if they find an indication of vote-buying practices, please make the information public and reject the chief justice elect.”

He also urged the 54 justices to only vote for the best candidates, adding that the court needed to choose the cleanest person among them.

Suparman argued, however, that the allegations were probably just part of the friction and competition in the chief justice’s election. “I don’t think there is a Rp 5 billion vote. It’s just too big,” he said.

“I think it would be hard to implement such vote-buying due to the risk,” he added. “If one was caught, one’s career would be finished.”

Erman disagreed, saying that the position was “too strategic not to attract all-out competition”.

“Maybe the cost was exaggerated; however, it could likely happen, just with less money. The person who rules the Supreme Court basically rules the country’s judiciary,” he said.

Donal Fariz from Indonesia Corruption Watch (ICW) agreed, saying the position had a commanding influence in the judicial system. He likened the position of chief justice to a piece of sugar that attracted ants.

He said the chief justice oversaw not only criminal and corruption cases but also civil cases, involving powerful companies and businessmen.

“Businessmen and politicians have a key interest in this position,” he said, urging the 54 justices to be honest in casting their votes.

The 54 justices with full suffrage have been quarantined inside the court’s office building since Monday.

Harifin was himself deputy chief justice for nonjudicial affairs before he won 36 out of 43 justice votes in the 2009 chief justice election. He was already 66 at the time when he replaced Bagir Manan.

Based on the 2009 selection procedures

  • Each chief justice candidate must obtain the support of five supreme justices
  • The selection is made at a special plenary meeting open to the public
  • The meeting must be attended by two-thirds of the Supreme Court’s justices
  • The candidate who receives the most votes will become the new chief justice

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