Murray

Some interesting and jaw-dropping reading material here.
I just wonder who the mysterious General is.


Human rights defender claims his rights have been violated

Thursday, September 28, 2006
Ary Hermawan, The Jakarta Post, Jakarta

A member of the National Commission on Human Rights (Komnas HAM), Achmad Ali, claims the South Sulawesi Prosecutor's Office has wrongly named him as a suspect in a graft case without questioning him.

Achmad, a law professor at Hasanuddin University in Makassar, South Sulawesi, explained his view of the legal conflict to Komnas HAM leadership Wednesday.

Achmad, who is also a member of the Commission for Truth and Friendship, said the attorneys had trampled on his right to equal treatment before the law.

"I come here as citizen whose rights have been violated," he told journalists after meeting with Komnas HAM leadership.

South Sulawesi Prosecutors's Office head Masyhudi Ridwan named Achmad a suspect in a Rp 250 million (US$27,000) graft case on Sept. 2, while he was taking a recruitment test for the position of Supreme Court justice in Jakarta.

"I'm not saying that the decision is politically motivated, but it was made while I was taking a test as a candidate for justice," Achmad said.

He was accused of misappropriating state revenue from the university's postgraduate program while acting as dean of the law school from 1999 to 2001. He was also accused of embezzling tuition fees.

Achmad said he had never been questioned over the case. "I was suddenly named a suspect," he said.

He also maintained that he was not in charge of the management of the university's master's degree program. "Neither was I ever involved in the decision-making about the postgraduate program."

Achmad's report was received by Komnas HAM member Said Nizar, the deputy head of the commission's division on civil and political rights violations.

Meanwhile, Judicial Commission member Irawady said the body had no plans to take action against Achmad for his legal status.

"There is no regulation banning a criminal from applying for a position as a Supreme Court justice," he said.

He said the Judicial Commission would let the authorities continue the probe into Achmad's case, while the recruitment process went on. "If he is found guilty, we will retract our support for his justice candidacy," he said.

Outside the Komnas-HAM offices, the Alliance of Makassar Students staged a rally in support of Achmad, whom they described as a "clean intellectual".

They accused the South Sulawesi Prosecutors' Office of being paid to tarnish Achmad's image. They demanded that the rights commission and the National Police investigate Masyhudi, whom they alleged of practicing "character assassination" against Achmad.

"The naming of Professor Achmad Ali as a suspect in the graft case is politically motivated," a student protester said.

All contents copyright © of The Jakarta Post.
http://www.thejakartapost.com/Archiv...D=20060928.H05

Murray

Justice candidate quizzed over text messaging habit

Wednesday, 1 November 2006
Ary Hermawan, The Jakarta Post, Jakarta

Achmad Ali, a Makassar law professor and a graft suspect, faced a tough interview for the job of Supreme Court justice Tuesday.

Besides his status as a suspect, Judicial Commission chief Busyro Muqoddas asked Achmad to clarify reports that he had sent text messages to an army general asking for support in the judicial selection process.

"We heard that you promised the general you would help (the military) in human rights cases implicating military officials," Busyro asked Achmad.

Achmad admitted to sending messages to the unnamed general. "He is my friend since we both have the same hobby: karate. This general also has a close link with a top official at a judicial body, whose name I will not disclose," he said.

He denied, however, that he had promised anything to the general in return for his support. "Anybody can easily add anything to forwarded messages," he said.

He explained he had sent 17 messages to the general because the general had asked him to clarify his status as a graft suspect. He said he believed the messages were confidential.

Commission member Soekotjo Soeparto asked Achmad about SMS messages he sent to commission members. "This is one of your messages. What does it mean? Why did you send messages to me while you know that I'm a member of the committee for this selection process?" he asked Achmad.

"It's just information. And it's supposed to be confidential," Achmad replied.

Soekotjo said he was "uncomfortable" with the messages. He questioned whether Achmad would do the same thing to lawyers if he were chosen as a justice.

Achmad had said earlier that some people were working against him. He said his being named as a graft suspect was politically motivated.

The Judicial Commission began its two days of interviews Tuesday. This year, for the first time ever, the sessions are open to the public.

Journalists and anti-graft activists came to assess the candidates. Among those attending were Emerson Yuntho of Indonesian Corruption Watch, Firmansyah Arifin of the National Law Reform Consortium and Mohammad Sobary of Partnership for Governance Reform in Indonesia.

The commission interviewed six candidates Tuesday. Besides Achmad, they were National Law Development Agency chief Abdul Gani Abdullah, Bengkulu High Court chief Ahmad Mukhsin Asyrof, Palu High Court chief Bagus Sugiri, Aminuddin Salle of the University of Hasanuddin and Komariah E. Sapardjaya of the University of Padjajaran.

The commission will see three candidates Wednesday. They are Hatta Ali, director general for the general court at the Supreme Court, lawyer Munir Fuady, and Sanusi Husin of the University of Lampung.

The topics ranged from legal philosophy to simple moral questions. "I have received a report that as the chief of BPHN you have often used office property. You reportedly used five to seven cars to go to your hometown. Is that true?" Busyro asked Abdul Gani.

"Well, we had activities in Mataram at the time. That's near my hometown, so why not go there ... we could also check whether the new cars could get there," the candidate answered.

The original 120 applicants have been whittled down to nine. Those who pass the interview will be recommended to the House of Representatives for approval.

http://www.thejakartapost.com/Archiv...D=20061101.A03

Murray

Clean judge is a rare find in Indonesia

Mark Forbes Herald Correspondent in Jakarta
November 4, 2006

ACHMAD ALI, a university law school dean, shifted uncomfortably, constantly adjusting his collar during an Indonesian Judicial Commission interview over his application to join his nation's highest legal body, the Supreme Court.

Mr Ali is an avid user of SMS phone messaging. Commission members were complaining about being besieged by pleas to ignore reports that Mr Ali was under investigation for allegedly embezzling law school funds.

The fidgeting increased when 17 messages to a senior general were also revealed, requesting he support Mr Ali's application. In return, the messages allegedly promised, the military could expect lenient treatment in any human rights abuse cases.

Mr Ali was one of the lucky nine applicants to be interviewed this week; 111 others were deemed unsuitable before the final selection process. There are six vacancies on the bench, but the commission has been unable to find the 18 candidates it is required by law to present for parliamentary approval.

The commission was established by the President, Susilo Bambang Yudhoyono, to rein in a wayward judiciary.

Its head, Busyro Muqqodas, said candidates with the moral and intellectual capability to join the Supreme Court were scarce, and the current bench was far from perfect and susceptible to bribery.

"This is why we see many controversial decisions made by the Supreme Court that do not fulfil public needs for justice," he said. "There are judges with high moral integrity but poor financially. But there are also judges whose morality is basically already corrupt. No matter how high you raise their salary, they will always do the same practice. It is due to the corrupt system we have."

Honest judges were in the minority. "What we need is not only someone who can be clean, but a judge who is able to perform professionally."

The public interviews are an innovation, an attempt to counter perceptions that court members were beholden to Jakarta's political and business elite.

The Chief Justice, Bagir Manan, is under investigation for receiving $700,000 to grant a lenient sentence to a half-brother of the former president Soeharto. When three judges ruled he should testify before the bribery case they were dismissed.

This week Soeharto's youngest son, Tommy, was freed after serving just five years for ordering the killing of a Supreme Court justice who found him guilty of fraud. A court panel cut his sentence to 10 years, although the criminal code mandates a life sentence or death penalty for arranging a murder.

Soeharto was just one wealthy defendant to receive a light treatment by the Supreme Court. Business figures privately concede that large civil cases usually develop into a bidding war over who can provide the biggest pay-off.

A human rights leader, Asmara Nababan, welcomed public handling of court appointments by an independent commission, rather than in backroom deals. The lack of quality candidates indicated the challenges for reform, he said.

Under questioning, Mr Ali admitted messaging the general, a friend who was related to a senior legal official. He complained they were headed "very confidential, keep this off the record".

Mr Ali said he was only asking why prosecutors had named him as a suspect in their investigation of the law school fraud.

Mr Nababan said a judicial appointment for Mr Ali would demonstrate failure of the push for reform.

http://www.smh.com.au/news/world/cle...340050168.html

Murray

Judicial Commission picks 6 Supreme Court candidates

Tuesday, November 07, 2006
Ary Hermawan, The Jakarta Post, Jakarta

After a lengthy selection process, the Judicial Commission on Monday filed with the House of Representatives the names of six candidates for two Supreme Court justice positions.

The nominees are National Law Development Agency chief Abdul Gani Abdullah, professor Achmad Ali from the University of Hasanuddin, Palu High Court chief Bagus Sugiri, the Supreme Court's director general for the public court, Hatta Ali, Professor Komariah E. Sapardjaja from the University of Padjadjaran and Professor Sanusi Husin from the University of Lampung.

"We considered their intellects, morals and personalities in (making) our decision," commission head Busyro Muqoddas said.

The House's law commission will later select two of the six candidates to be elected as Supreme Court justices. According to the law, the Judicial Commission must recommend three names for each position vacant at the court.

"Hopefully, we will have selected the two justices before the next recess," House Speaker Agung Laksono said.

The commission received 120 applicants and whittled them down to nine in the final interview test. Those who failed the interview test include lawyer Munir Fuady, Bengkulu Religious High Court chief Ahmad Mukhsin Asyrof and Aminuddin Salle, a lecturer at the University of Hasanuddin.

Busyro said the commission had set a passing grade of 7.5 for the test.

Munir, however, was allegedly disqualified because he did not clearly clarify a claim made to the commission by a member of the public that he had embezzled funds from the Indonesian Advocate Association, which he headed. Ahmad Mukhsin was dropped because he had listed a master's degree on his identity card even though he was yet to finish his studies.

Achmad Ali passed the interview session, despite being a suspect in a graft case. He is also alleged to have sent text messages to a military general asking for support for his candidacy.

The commission received reports claiming he had promised the unnamed general he would help in human rights cases implicating the military. "He had denied the accusation," Busyro said.

The commission, which was stripped of its oversight role by the Constitutional Court earlier this year, has won praise for its integrity in selecting candidates for Supreme Court justices.

Critics, however, have complained that most of the candidates showed a poor understanding of legal philosophy and did not have clear motives for being justices. They said the commission needed to be more proactive in searching for suitable candidates and to create a new scheme whereby only those highly qualified for the position could apply

Busyro said he would invite experts and representatives of civil organizations to evaluate the selection process in the future and that the commission would make improvements to it next year.

While Busyro says he is confident the House will not reject the six candidates recommended by the commission, activists are worried that the ongoing "clean" selection process will be undermined by political interests at the House.

http://www.thejakartapost.com/Archiv...D=20061107.H05

Murray

House urged to select pro-human rights Supreme Court justice candidates

ANTARA News: 8 November 2006
http://www.antara.co.id/en/seenws/?id=22945

Jakarta (ANTARA News) - The Institute for Policy Research and Advocacy (ELSAM)
has urged the House of Representatives (DPR) Commission III to select Supreme
Court justice candidates who are in favor of respect for human rights so as to
improve the chaotic conditions of law enforcement in Indonesia.

ELSAM Executive Director Agung Putri said in a statement on Tuesday the way in
which the Judicial Commission had selected Supreme Court justice candidates
recently was unsatisfactory because it had failed to choose pro-human rights
candidates.

The Judicial Commission on Monday gave the DPR a list of six Supreme Court
justice candidates, namely Achmad Ali, Abdul Gani Abdullah, Bagus Sugiri, Hatta
Ali, Komariah E Sapardjaja and Sanusi Husen.

The list was to be passed on to House Commission III which would pick two of the
candidates on November 13.

Agung Putri said the House Commission III was duty-bound to select the best
candidates, those who had good knowledge about law and moral integrity.

She said selection of Supreme Court judges should not be based only on
short-term political interests but also on the desire to have a strong and
independent judicial institution.

Copyright © 2006 ANTARA
Copyright © 2006 LKBN ANTARA

Murray

Graft suspect nomination raises ire

Saturday, November 11, 2006
The Jakarta Post, Jakarta, Makassar

Antigraft and human rights groups have warned the Judicial Commission it is risking its legitimacy by nominating corruption suspect Achmad Ali as a justice candidate for the Supreme Court.

They also urged the commission to review and improve its selection mechanism.

"We regret this. We fear that the commission will lose its legitimacy," Firmansyah Arifin of the National Commission for Law Reform told a joint conference here Friday.

The commission on Monday filed the names of six justice candidates, including Achmad Ali, with the House of Representatives.

"We all agree that the commission should not have selected Achmad Ali, considering his status as a graft suspect," Emmerson Yuntho of Indonesian Corruption Watch (ICW) said.

Prosecutors in South Sulawesi have accused Ali of being involved in the swindling Rp 250 million in tuition fees from students of the Hasanuddin University. Ali failed to attend a summons for questioning Friday by South Sulawesi prosecutors.

"We regret his failure to turn up for questioning today," prosecutor Abdul Taufieq said.

Taufieq said the prosecutors would send another summons for Ali and threatened to put the law professor behind bars if necessary.

Commission for Missing Persons and Victims of Violence coordinator Usman Hamid said the Judicial Commission should also consider a letter sent by the National Commission for Women to Ali, which protested his statement on rape cases in Aceh.

"We not only need justices who are willing to fight corruption, but we also need those who defend human rights," he said.

Emmerson said the Judicial Commission should upgrade its standards in the selection process and be more proactive in investigating the track record of candidates.

During interview sessions on Oct. 31 and Nov. 1, it was revealed that one of the nominated justices had admitted to using office facility for personal interests. The ICW in its investigation found out that another candidate had allegedly had an affair.

"How can we believe in justices whose integrity is under question," Emmerson said.

The Judicial Commission allocated Rp 2.7 billion (US$255,555) for the selection, and spent around Rp 2.3 billion.

Chief Justice Bagir Manan said there was no haste to fill the vacant positions in the Supreme Court and that the money could be used to renovate or build new court buildings.

Under the law, the Judicial Commission must recommend three names for each vacant position in the Supreme Court. This year, 120 people put themselves up for nomination for two positions, although only six could pass the selection process. The House of Representatives' law commission will chose two of them to be the new justices.

Judicial Commission chief Busyro Muqoddas said he was confident the House would not reject all six candidates, but some legislators have already signaled their dissatisfaction with the nominees.

Law commission member Achmad Fauzi said he would not interview Achmad Ali. "There is no need to interview him because he has been named a graft suspect," he said.

Should the House reject all the candidates nominated by the Judicial Commission, it will be the second blow to its existence and legitimacy after the Constitutional Court stripped its oversight powers in the judiciary.

http://www.thejakartapost.com/Archiv...D=20061111.H05