[Kabar-indonesia] Judicial body slams Supreme Court over gift policy

[Joyo at aol.com]

The Jakarta Post 
Tuesday, July 4, 2006

Judicial body slams Supreme Court over gift policy

M. Taufiqurrahman, The Jakarta Post, Jakarta

The Judicial Commission has harshly criticized a Supreme Court policy 
allowing judges to receive gifts while they are in office, saying the move will 
encourage corruption.

Commission chief Busyro Muqoddas said gifts were akin to the tributes paid by 
subjects in ancient times, a practice believed to be the template for the 
country's rampant modern-day corruption.

"We suggest the Supreme Court shut down any avenues that could be used to 
influence decisions made by judges," Busyro told reporters on the sidelines of a 
hearing Monday with the House of Representatives' Commission III on law and 
legislation.

Busyro said the ban on receiving gifts should instead be expanded to include 
judges' relatives.

Judicial Commission member Irawadi Yunus reminded judges to abide by the oath 
they take when they assume their position, which bars them from receiving 
gifts of any kind.

"Judges should stay true to the promise that goes with the oath," he said.

The Supreme Court recently issued a code of conduct for judges throughout the 
country, banning them from receiving gifts from defense lawyers, prosecutors 
or defendants.

The code, however, allows judges to receive gifts from friends and family or 
from anyone who presents them during religious holidays, traditional 
ceremonies, weddings and farewell parties.

The code specifies items judges are not allowed to receive. The list includes 
jewelry, cellular phones, and electronics.

It also encourages courts or associations of judges to collect funds from 
recognized bar associations for charitable purposes.

As part of its campaign to uphold discipline among judges, the Judicial 
Commission will soon issue its own version of a code of ethics.

The Judicial Commission was formed last year as an independent body to 
monitor judges' conduct. The commission, established by presidential decree, has 
been given the authority to reprimand errant judges.

A number of lawmakers, however, believe the Judicial Commission has gone too 
far in upholding discipline among judges.

Legislator Gayus Lumbuun of the Indonesian Democratic Party of Struggle 
(PDI-P) said the commission did not have the right to decide what judges can and 
can't do.

"The Judicial Commission has gone past its designated authority in issuing 
the code of conduct, because such a code is an internal matter for the Supreme 
Court to decide," he said.

Gayus, also a legal expert, then cited a provision from an international 
agreement among judges which stated that gifts are not off-limits.

"Judges are also human beings who have to abide by customs of giving and 
receiving," he said. 

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Joyo Indonesia News Service
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