M. Yamin Panca Setia

Controversial Retirement Age of Justices

"PLEASE no. I won’t," said Bagir Manan, the Chief of Supreme Court (MA). He didn't want served when several journalists questioned to him. Bagir tried clear the track from journalist.

He didn’t response to give interview with reporters. "Please talk, Sir," said reporter. But, Bagir just silent. When the cameramen will to record Bagir’s picture, he won’t. “Please don’t" he said to cameramen.

Several reporters can’t do anythink after Bagir’s bodyguard fortify, until he went to dining table after halal bi halal or ask and give forgiveness at Idul Fitri 14 29 Hijriah with all the Supreme Court employee in MA Building, Jakarta, Tuesday (9/10).

A number journalists did not hopeless. They still waiting until Bagir finished lunch with several Supreme Court judges.

But, after lunch, Bagir restrained from reporters that tried followed him. Bagir is not friendly with journalist now. He closed off from media. For repoters, not easy to report Bagir’s activity. His room always locked for journalist. He illustrated journalist like enemy.

At special moment in Supreme Court’s Building, Bagir who was born at 6 Oktober 1941 in Lampung, also didn’t want meet to journalist.

What wrong? Manan maybe was dispointed with journalist because journalist always wrote bad article about him. Many media published bad news about him.

“You are always wrote bad article about MA,” said A spokesman for the Supreme Court, Nurhadi to several reporters.

For certain days, media not end published about the retirement age of MA judges to 70 years from 60 years. Bagir became actor who got public’s critic. He reputed as public official who tried to defend status as a Chief of the Supreme Court. Meawhile, Bagir was pension because Bagir’s age was 67 years at 6 October 2008.

Emerson Yuntho, The Head Division Monitoring Institution Justice Indonesia Corruption Watch (ICW), said, Bagir who was 67 years old should be retirement. He added, according the Law of Supreme Court No.5/2004, Article 11, subsection 2, Bagir should be retirement as the supreme court judge.

"Bagir’s status as the chief of Supreme Court was illegal now,” said Emerson (9/10). But, Bagir neglecting the Supreme Court Law. He still go to office to handle administration jobs.

On 12 Oktober, Bagir will receive the Chief of Dane Supreme Court. Bagir also will announce officially The Center of training and education program Supreme Court at Mega Mendung, West Java.

According to Emerson, Bagir haven’t basic law to defend status, including to implement administration function. But, Bagir has told if he was ready to retirement. On 19 September 2008, after he got critic cause refuted tried to defend status, Bagir said, he was ready to pension. He invited several reporters entered Bagir’s room.

In Bagir’s Room didn’t founded many books, photograph, etc. That rooms was changed. "My self already to pension. You can look, you aren’t founded books in my rooms, I was bring to Bandung since last six month," he said (19/9).

Professor from University of Padjadjaran refuted if he will to extended her pension period that arranged the Draft Law on the Supreme Court at Parliament. Pension periode became hot issue.

Long Debate

At the House of Representative, dabate not only focus discussed about Bagir. Several members parliament long dabate about draft Law on the Supreme Court.

A number of factions agreed to a retirement age of 70 for Supreme Court judges. But, the others, urged the parliament should be prioritizing the deliberation of the Draft Law on the Judicial Commission.

Aziz Syamsuddin, deputy chairman of the House's Commission III dispointed with others members that involved in The working committee (Panja) who handle revision draf Law on the Supreme Court.

He failed to intervance majority commission III members to support accelerated draf Law on the Supreme Court ratification at the Plenary Meeting, Friday 26 September.

Several others commission members dispointed with Aziz maneuver, because Aziz’s step is not according with legalization process role. Aziz proposed changed the meeting consultation followed all parliament fraction to accelerated draf Law on The Supreme Court.

Golkar politision assessed, maneuver others politision to cancel accelerated supreme court law can be parliament’s legalization jobs. "They reason to rejection is absurd,’ Aziz stressed.

Several others questioned Aziz’s maneuver. Consortium for National Law Reform chairman (KRHN) Firmansyah Arifin predicted, Aziz bring Golkar politic interest.

He founded relation between, the general leader Golkar (Jusf Kalla, red) with several supreme court judges from South Sulawesi to support politic interest General Election 2009,” he said.

Nasir Djamil, Panja members from the Prosperous Justice Party (PKS) unagreeable to accelerated draf Law on the Cupreme Court ratification.

"We must be carefull, cause the Supreme Court used for refrence to develop the supreme court,” he said.

Gandjar Pranowo, the Secretary the Indonesian Democratic Party of Struggle's (PDIP) who became as Panja members assessed, Aziz’s maneuver is not as usually in constitution legislazation process.

"It is not as usually,” he said.

But, Azis claimed, everything has been in accordance with procedures. On October 6, Bagir Manan will indeed reach retirement age.

The House of Representative has made a scheduled plenary meeting on the Supreme Court. But, bill has been canceled. The meeting was canceled because House Commission III is not ready to report its meeting on the bill result yet.

The Head of House Representative Agung Laksono said, he received a letter from the commission stating the discussion on the bill was still at the synchronization stage, where they were still discussing major issues, including the Supreme Court judges' retirement age.

The bill has aroused debate over the proposal to extend the retirement age of Supreme Court judges to 70 years, which would pave the way for current chief justice Bagir Manan, 67, to stay in office for the next three years.

Some observers suggest there is a conflict of interest between certain parties and the government in retaining Bagir as chief justice.

Bagir has long been affiliated with The Golkar Party, the chairman of which is Vice President Jusuf Kalla. Agung, a Golkar lawmaker, said if Commission III finished its meeting Monday, then it was possible for House's Consultative Body to hold a meeting over the bill on the same day."But there's no pressure on this. There's no certain target," he said.

Agung said the discussion over the bill was being carried out simultaneously with two other bills on Judicial Commission and Constitutional Court.

Not Crucial

Before the parliament discussed the law supreme court, several others sent critic to the parliament. Public dispointed after knew parliament didn’t response public’s humper to a retirement age of 70 for Supreme Court judges.

“Retirement age of 70 for Supreme Court judges can be problem to fight the mafia judicature effort, so can damage the supreme court image,” said the Chief of Judicial Commission Busyro Maqoddas.

Several formers the supreme court judges such as Benjamin Mangkoedilaga, Bustanul Arifin, Bismar Siregar, Arbijoto, Andi Andojo Sutjipto and Laica Marzuki, also have been sent Petition to Agung Laksono to hamper Retirement age of 70 for Supreme Court judges.

Benjamin assessed, a retirement reason is not inappropriate. He said, a retirement age supreme court judges has proposed since several last years. But, can not controversial, cause not made response public,” he said.

“A retirement age, is not crucial now. The existing law stipulating justices retire at the age of 65 is already enough,” Laica said.

Laica, also a former deputy of the Constitutional Court, urged the government and the House of Representatives to instead focus their energy on the revision of the law on the judicial monitoring system.

Actually, parliament the Draft Law on the Judicial Commission must be revised because two years ago the Constitutional Court amputated the Commission’s authority to supervise Supreme Court (MA) judges. But in the process, it turns out that it has in fact been the deliberation of the Draft Law on the MA that has become the focus of DPR members.

Maqoddas said, parliament and government should more focus to ratification Commission Judicial Law. “Because Commission Judicial Law is most aggrieved after Constitutional Court amputated our autority,” he said. The Commission Judicial autority just recruit supreme court judges. The draf revision supreme court, just made Judicial Commission as the supreme court subordinate,” he added.

The Judicial Commission Law is more important than draft Law on the supreme court, cause supreme court have bad experience as the finally justice institution for justice seeker.

Bad Experience

Public also was dispointed with Bagir. Public knew when media published about lawsuit money save in nine Bagir’s bank account.

Until 2005, lawsuit money has collected supreme court about Rp7,45 billions save in BNI, Pecenongan, Center of Jakarta.

Public also dispointed with Bagir cause he tried hamper the Supreme Audit Agency to audit MA’s finance.

Bagir also failed made the Supreme Court be last justice castle for justice seeker.

"Our justice institution more ramshackle," said the law observer Irman Putra Siddin (9/10).

Political Political & Economic Risk Consultancy Ltd (PERC) survey also showed from 12 countries in Asia, Indonesia Justice institution is the most corrupt. Indonesia is top corrupt after Filipine dan Vietnam.

Public also dispointed after knew if several the supreme court judges involved in corruption scandal with several people that became corruptor. Artalyta Suryani, the bribe the Bank Indonesia liquidity support (BLBI) when the session corruption court, last june.

She said two supreme court, are Paulus Effendi Lotulung and Marina Sidabutar. They mentioned in record conversation between Artalyta with Fem, a women in Singapore.

They conversation recorded by the Commission Eradiction Corruption (KPK), Saturday, 1 March 2008. Artalyta and Fem told about PT Nusa Mineral Utama (NMU) case.

M. Yamin Panca Setia

Photo: Tempo