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Wednesday, July 4, 2007

Justice Recruitment

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: the Daily Pikiran Rakyat, 21 Nopember 2006.

ENFORCEMENT law other than specified by the rules of its own law, facilities, awareness, and compliance with the community, are also highly dependent on factors both law enforcement personal and corpgeest. Thus it can be said that law enforcement officers have a central role in law enforcement.
Without such enforcement, the rule of law will be only the texts of dead and "paper tiger" which has no binding force.

In the law enforcement system in Indonesia consists of law enforcement officers from the judges, prosecutors, advocates, and police, known as a chess dynasty. To produce the human resources (HR) or law enforcement officers that is credible, fair, professional, and have integrity certainly not an easy matter, such as turning the palm of the hand, but needed a good recruiting mechanism.

Related to institutional reform and judicial arrangements, other than to fix the rules in the field of judicial power (judicial), one of the other efforts in managing the world's muddled-marutnya justice in Indonesia is to change the patterns and mechanisms of recruitment judges (read: Supreme Court justices). There are several arguments that can be used as a reason why the mechanism of recruitment of judges / justices who have been to in-review, namely:

First, the good judges are not born but made, meaning that good judges are not born by themselves, but must go through a recruitment process that is based on the principles of transparency, accountability, public participation and objectivity. Second, the judge is one of law enforcement actors who have contributed significant in upholding the rule of law (rule of law). Because the judge is the last keeper of the citadel of justice the law enforcement process. Third, it is very important as a strategy in an effort to root out mob justice that had been believed to be lodged in the judiciary. With the success of placing judges in a professional, quality, and integrity as both a major factor determining the success of the change in the field of justice.

The early stages of the selection process of nominees by the Judicial Commission (KY) has ended. The result, KY has managed to capture six nominees. On Monday, November 6 last, the six nominees have been submitted by the KY-led House of Representatives (DPR) to be fit and proper tests prior to submission to the President (Suara Karya, 7/11/2006). Thus practically speaking crawl results pernyerahan nominees by KY to Parliament earlier than the deadline of fifteen days provided for in Article 18 paragraph (5) of Law 24/2004 on the Judicial Commission.

Recruitment process by the KY Supreme Court justices is a new mechanism in the selection process of judges. Besides this selection also became the first public test event for KY in running the only authority possessed by the KY today. Pascaputusan known as the Constitutional Court (MK) number 005/PUU-IV/2006 KY has only one authority that is conducting the selection nominees. Many people expect KY can produce nominees who meet the criteria set forth in Article 24A Paragraph (2) of the 1945 Constitution, namely to have integrity and a personality that is not dishonorable, fair, professional, and legal experience. Then the question whether the results obtained KY was above expectations?

If the results are evaluated in the recruitment process KY Supreme Court justices could be said this time was far from the spirit of judicial reform and meet the criteria set forth in Article 24A Paragraph (2) of the 1945 Constitution. KY's work in the recruitment process nominees was very memprihatikan, disappointing, and controversial both in quantity and quality. And this criticism from various circles. In response to the work of KY, Attorney General declared all the risks borne KY. Not only the Attorney General, a member of Commission III Nursyahbani Katjasungkana also questioned the selection process KY. What factors cause controversy KY work in selecting Supreme Court justices this time?

When examined there are several things that can be the cause of nominees selected by the KY felt smelling controversial First, the limited number of nominees generated by KY. The lack of results obtained by KY is very contradictory with the number of nominees who register to KY. Based on existing data, it is known that the candidates who apply at that time 180 people. Should match the agreed consensus of the Supreme Court (MA) to KY and to meet the needs of six justices on the Supreme Court, the Judicial Commission should submit 18 new nominees for the House later in accordance with the provisions of Article 18 paragraph (5) of Law 24/2004 will choose one of three nominees.

Second, the composition unequal nominees between career judges and non-career judges or academics. Of the six nominees generated by the candidate KY dominated academic background or non-career and only one person's career nominees. And if you look at the composition of the existing justices on the Supreme Court today, the number of justices academic background or nonkarier very much.

KY should have noticed it. Besides the lack of nominees who pass the background of the judge's career would have implications for the system of promotion and training systems in the judiciary. Since the peak of career judges are justices and also to make a judicial authority and dignity, the composition of the judges do not always come from nonkarier, because the current judge of quality career and was pretty much immoral.

Third, the most highly controversial from KY performance results in the selection process is the escape of justices nominees of a suspect. As is known to one of the nominees is set Achmad Ali High Prosecutors Office in South Sulawesi as suspect cases of alleged corruption misuse of funds rather than state income taxes (non-tax revenues) and the abuse of receiving payment for work that official travel expenses at the Law Faculty of Hasanuddin University Makassar 1999 -2001 Rp 250 million. Achmad Ali invited the escape of the big questions the public to KY for their performance so far in carrying out recruitment process nominees.

It is true, we must respect the principle of presumption of innocence and also there has been no court decision remains the law of power (in kracht van bewuijs) for alleged corruption cases to Achmad Ali. But does not the 1945 Constitution Article 24A Paragraph (2) mandated to KY to capture the nominees have integrity and a personality that is not dishonorable?

This is indeed a reality today, KY as an institution that is expected to turn dark and controversial history of recruiting process for justices was happening, had failed in carrying out their duties. History shows that the recruitment of judges in Indonesia always shows the controversy about how recruitment should be implemented.

And the next, MA organizations must be filled by the Supreme Court justices who are intellectually smart, honest, and fair in morality. This is in the context of upholding the rule of law and to rebuild the walls of the Supreme Court which had almost collapsed and restore public confidence in the institution of the court. If not, the rule of law will only be a utopian for the nation.









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