Identifier
Created
Classification
Origin
08JAKARTA1871
2008-10-07 08:47:00
CONFIDENTIAL
Embassy Jakarta
Cable title:
IN WIN FOR REFORM, PARLIAMENT NIXES SUPREME COURT
how-toVZCZCXRO0095 OO RUEHCHI RUEHCN RUEHDT RUEHHM DE RUEHJA #1871/01 2810847 ZNY CCCCC ZZH O 070847Z OCT 08 FM AMEMBASSY JAKARTA TO RUEHC/SECSTATE WASHDC IMMEDIATE 0272 INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY RUEHBY/AMEMBASSY CANBERRA 3124 RUEHLM/AMEMBASSY COLOMBO 1349 RUEHKA/AMEMBASSY DHAKA 1320 RUEHNE/AMEMBASSY NEW DELHI 2305 RUEHUL/AMEMBASSY SEOUL 4980 RUEHGP/AMEMBASSY SINGAPORE 6342 RUEHKO/AMEMBASSY TOKYO 2573 RUEHWL/AMEMBASSY WELLINGTON 3143 RUEHHK/AMCONSUL HONG KONG 3008 RUEHBAD/AMCONSUL PERTH 1183 RUEAWJA/DEPT OF JUSTICE WASHDC RHEHNSC/NSC WASHDC RUEHLMC/MILLENNIUM CHALLENGE CORP 0087 RUEAIIA/CIA WASHDC RHEFDIA/DIA WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001871
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INL FOR ROESS
DEPT FOR EEB/IFD/OMA
DOJ/OPDAT FOR BERMAN/ALEXANDRE
SINGAPORE FOR TREASURY/BAKER
MCC FOR LONGI
NSC FOR EPHU
E.O. 12958: DECL: 10/07/2018
TAGS: PGOV KJUS KCOR KMCA PREL ID
SUBJECT: IN WIN FOR REFORM, PARLIAMENT NIXES SUPREME COURT
BILL
REF: JAKARTA 1631 AND PREVIOUS
JAKARTA 00001871 001.2 OF 002
C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 001871
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INL FOR ROESS
DEPT FOR EEB/IFD/OMA
DOJ/OPDAT FOR BERMAN/ALEXANDRE
SINGAPORE FOR TREASURY/BAKER
MCC FOR LONGI
NSC FOR EPHU
E.O. 12958: DECL: 10/07/2018
TAGS: PGOV KJUS KCOR KMCA PREL ID
SUBJECT: IN WIN FOR REFORM, PARLIAMENT NIXES SUPREME COURT
BILL
REF: JAKARTA 1631 AND PREVIOUS
JAKARTA 00001871 001.2 OF 002
1. (C) SUMMARY: Amid mounting pressure from pro-judicial
reform groups, the Indonesian Parliament (DPR) has decided to
postpone indefinitely consideration of a controversial
Supreme Court bill. The bill would have extended the
mandatory retirement age for the justices of the Supreme
Court, including Chief Justice Bagir Manan, from 65 to 70
years. The lack of action on the bill is regarded as being
good for reform efforts given that the Chief Justice and
several of the other justices due to retire are not
considered pro-reform. The selection process for the next
Chief Justice has already begun. END SUMMARY.
HASTY DELIBERATIONS
2. (SBU) The controversial bill focused on extending the
mandatory retirement age of Supreme Court justices from 65 to
70 was pushed through DPR committee and plenary sessions in
record speed. After less than three weeks of deliberations,
the full DPR took up the bill on September 24. The urgency
was due to the imminent mandatory retirement of Chief Justice
Bagir Manan. Current law stipulates that Supreme Court
justices must retire at the age of 65. In 2006, Chief
Justice Manan issued a decree extending his own retirement
age to 67 years of age. In the debate on the bill,
Democratic Party, National Mandate Party and Golkar Party
lawmakers, with whom the Chief Justice is closely linked,
twice attempted to force a vote so that the Chief Justice
could remain in power.
MOUNTING OPPOSITION LEADS TO LACK OF ACTION ON BILL
3. (SBU) On October 6, as Manan turned 67, it was clear that
the bill would not pass. Mounting public pressure from the
legal community, NGOs, and former prominent justices had
grown with these groups asserting that the bill would
undermine court reform. Parliament factions, led by the
opposition Indonesian Democratic Party of Struggle (PDI-P),
opposed the bill largely because they saw it as a transparent
ploy to keep Golkar ally Manan in power. Although Bagir
Manan will now need to step down, he has stated he would
remain in the position until he received an official letter
from the President demanding his retirement. The letter is
expected to be delivered by November 1.
4. (SBU) Particularly notable was the criticism of several
former prominent justices, who on September 24 announced
their objection to the bill. They asserted that extending
the retirement age for justices would lead to poor
performance, lengthen the regenerative process and reduce the
prospect of substantive court reform. They urged the DPR to
focus on other pro-reform judicial-related bills such as the
revision of the law on judicial monitoring, the review of the
Anti-Corruption law and the regulations on the Supreme Court,
etc.
5. (SBU) The bill has been indefinitely postponed and is
probably dead, for all practical purposes. Its central
provision--to lengthen Supreme Court justice terms in
office--is likely to find support unless integrated into a
broader set of reforms. The issue has considerable practical
impact. Of the current 48 Supreme Court justices, eight are
scheduled to retire in 2008, ten in 2009 and nine in 2010.
None of the eight justices who were scheduled to retire in
2008 have submitted their resignation letters, citing the
bill as the primary reason for the delay.
JAKARTA 00001871 002.2 OF 002
MANAN'S LEGACY NOT IMMEDIATELY CLEAR
6. (C) While the failure to extend justices' terms is
regarded as being good for court reform, Manan's retirement
could have mixed results. When Manan extended his term in
2006, legislators saw Manan as a reformer who would
facilitate court reform. Instead, according to civil society
groups and experts, Manan's performance has fallen somewhat
short (see reftels). Some of this was because of his lack of
managerial skills. Whether his retirement is a step forward
will depend on who replaces him. That is also the case for
the other justices who have to be replaced (several of whom
have very poor reputations). The Indonesian judiciary
continues to be a real problem and to need reform badly, and
it is important that the next Chief Justice be up to that
challenge.
HUME
SIPDIS
DEPT FOR EAP, EAP/MTS, EAP/MLS, INL FOR ROESS
DEPT FOR EEB/IFD/OMA
DOJ/OPDAT FOR BERMAN/ALEXANDRE
SINGAPORE FOR TREASURY/BAKER
MCC FOR LONGI
NSC FOR EPHU
E.O. 12958: DECL: 10/07/2018
TAGS: PGOV KJUS KCOR KMCA PREL ID
SUBJECT: IN WIN FOR REFORM, PARLIAMENT NIXES SUPREME COURT
BILL
REF: JAKARTA 1631 AND PREVIOUS
JAKARTA 00001871 001.2 OF 002
1. (C) SUMMARY: Amid mounting pressure from pro-judicial
reform groups, the Indonesian Parliament (DPR) has decided to
postpone indefinitely consideration of a controversial
Supreme Court bill. The bill would have extended the
mandatory retirement age for the justices of the Supreme
Court, including Chief Justice Bagir Manan, from 65 to 70
years. The lack of action on the bill is regarded as being
good for reform efforts given that the Chief Justice and
several of the other justices due to retire are not
considered pro-reform. The selection process for the next
Chief Justice has already begun. END SUMMARY.
HASTY DELIBERATIONS
2. (SBU) The controversial bill focused on extending the
mandatory retirement age of Supreme Court justices from 65 to
70 was pushed through DPR committee and plenary sessions in
record speed. After less than three weeks of deliberations,
the full DPR took up the bill on September 24. The urgency
was due to the imminent mandatory retirement of Chief Justice
Bagir Manan. Current law stipulates that Supreme Court
justices must retire at the age of 65. In 2006, Chief
Justice Manan issued a decree extending his own retirement
age to 67 years of age. In the debate on the bill,
Democratic Party, National Mandate Party and Golkar Party
lawmakers, with whom the Chief Justice is closely linked,
twice attempted to force a vote so that the Chief Justice
could remain in power.
MOUNTING OPPOSITION LEADS TO LACK OF ACTION ON BILL
3. (SBU) On October 6, as Manan turned 67, it was clear that
the bill would not pass. Mounting public pressure from the
legal community, NGOs, and former prominent justices had
grown with these groups asserting that the bill would
undermine court reform. Parliament factions, led by the
opposition Indonesian Democratic Party of Struggle (PDI-P),
opposed the bill largely because they saw it as a transparent
ploy to keep Golkar ally Manan in power. Although Bagir
Manan will now need to step down, he has stated he would
remain in the position until he received an official letter
from the President demanding his retirement. The letter is
expected to be delivered by November 1.
4. (SBU) Particularly notable was the criticism of several
former prominent justices, who on September 24 announced
their objection to the bill. They asserted that extending
the retirement age for justices would lead to poor
performance, lengthen the regenerative process and reduce the
prospect of substantive court reform. They urged the DPR to
focus on other pro-reform judicial-related bills such as the
revision of the law on judicial monitoring, the review of the
Anti-Corruption law and the regulations on the Supreme Court,
etc.
5. (SBU) The bill has been indefinitely postponed and is
probably dead, for all practical purposes. Its central
provision--to lengthen Supreme Court justice terms in
office--is likely to find support unless integrated into a
broader set of reforms. The issue has considerable practical
impact. Of the current 48 Supreme Court justices, eight are
scheduled to retire in 2008, ten in 2009 and nine in 2010.
None of the eight justices who were scheduled to retire in
2008 have submitted their resignation letters, citing the
bill as the primary reason for the delay.
JAKARTA 00001871 002.2 OF 002
MANAN'S LEGACY NOT IMMEDIATELY CLEAR
6. (C) While the failure to extend justices' terms is
regarded as being good for court reform, Manan's retirement
could have mixed results. When Manan extended his term in
2006, legislators saw Manan as a reformer who would
facilitate court reform. Instead, according to civil society
groups and experts, Manan's performance has fallen somewhat
short (see reftels). Some of this was because of his lack of
managerial skills. Whether his retirement is a step forward
will depend on who replaces him. That is also the case for
the other justices who have to be replaced (several of whom
have very poor reputations). The Indonesian judiciary
continues to be a real problem and to need reform badly, and
it is important that the next Chief Justice be up to that
challenge.
HUME