Berni K. Mustafa, The Jakarta Post, Jakarta
Legal experts have welcomed the presence of the United Nations'
special rapporteur on the Indonesian judicial system, saying it
should increase the pressure for legal reform amid mounting
criticism that the government is not doing enough.
Achmad Ali, a legal expert from Hasanudin University in
Makassar, said the arrival of the UN special rapporteur here
underlined international concern over the prevailing legal
uncertainty in Indonesia.
"At least we can expect more pressure on the government to
improve Indonesia's legal system," he told reporters on
Thursday.
The government invited UN special rapporteur Param Cumaraswamy
to spend 10 days here assessing the country's judicial system. But
according to the Ministry of Foreign Affairs, it was the UN that
initiated the visit.
Achmad said the poor state of Indonesia's judicial system was
undeniable and could not be kept hidden from the world.
Asked whether the UN may be losing confidence in Indonesia's
legal reforms, he answered, "I would say we have to accept
this as a sad fact."
Cumaraswamy in his first comments after arriving here on Monday
said that Indonesia's judicial system was in serious trouble. He
said he expected to conclude his visit with recommendations for
the government.
But lawyer Frans Hendra Winata said the government may lack the
political will to actually follow up on any UN recommendations.
"The political will of this and the previous government
has not been very apparent. Do they really want to uphold the
law?" he asked.
Teten Masduki, a member of the National Ombudsman Commission
and chairman of Indonesian Corruption Watch (ICW), was pessimistic
about the government's response to the possible UN suggestions.
The problem, he said, was not so much whether Indonesia could
reform its judicial system but how strong the commitment to do
this was.
"Political corruption is getting worse and that's why
there is no political commitment to fix it; politicians need to
keep corruption going in order to maintain power."
However, he said the international community had a stake in
ensuring the law was upheld in Indonesia, especially foreign
investors.
He added that Indonesia risked isolation from the international
business community if the government failed to act on the UN
recommendations. "The terms for foreign loans will also
become stricter."
