STRENGTHENING JUDICIAL INTEGRITY AND CAPACITY IN INDONESIA Palembang, October 11- 12, 2004 PROCEEDING DOCUMENT First Provincial Integrity Meeting For The Justice System of South Sumatera National Law Development Agency The Supreme Court Department of Law and Human Rights of The Republic of Indonesia of The Republic of Indonesia First Provincial Integrity Meeting In South Sumatra Palembang, October 11-12, 2004 Acknowledgement The Following staff of UNODC and Indonesian Ministry of Law and Human Rights contributed to the preparation of this reports For UNODC Mr. Satya Arinanto Mr. Oliver Stolpe Ms. Charijah The Ministry of Law and Human Rights Mr. Constantinus Kristomo Ms. Restu Debrina Mahyuni The views expressed in the present publication are those of the participants in the Provincial Integrity Meeting for the Justice System held in Palembang, 11-12 October 2004, and do not necessarily reflect the views of the United Nations. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal statues of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has been made possible thanks to a contribution by the Government of Germany. First Provincial Integrity Meeting in South Sumatra Palembang, October 11-12, 2004 TABLE OF CONTENT I. FOREWORD BY THE HEAD OF NATIONAL LAW DEVELOPMENT AGENCY, DEPARTMENT OF LAW AND HUMAN RIGHTS RI ................................................................... 1 II. FOREWORD BY THE CHIEF JUSTICE OF THE SUPREME COURT, R.I. .................................................................................. 3 III. OPENING SESSION..................................................................... 5 A. Welcoming Remarks by the Chief of the High Court for South Sumatra.......................................................................... 5 B. Welcoming Remarks by the Governor of South Sumatra........ 6 IV PRELIMINARY ASSESSMENT OF JUSTICE SECTOR INTEGRITY AND CAPACITY IN SOUTH SUMATRA............ 7 A. Presentation by Moores and Rowland Indonesia..................... 7 B. Perspectives of the Criminal Justice Sector ............................. 32 C. Discussions............................................................................... 36 D. Purpose and Objectives of the Provincial Integrity Meeting ... 38 V. PROBLEM IDENTIFICATION AND DESCRIPTION ............... 40 A. Access to Justice – Group 1 ..................................................... 40 B. Quality and Timeliness of Justice Delivery – Group 2............ 41 C. Public Trust in the Courts – Group 3 ....................................... 41 D. Accountability – Effectiveness of the Complaints System – Group 4 .................................................................................... 42 E. Coordination across the justice sector – Group 5 .................... 42 VI. STRENGTHENING JUDICIAL INTEGRITY AND CAPACITY.................................................................................... 43 A. An Integrated Approach to Governance Reforms.................... 43 B. The UNODC project on Strengthening Judicial Integrity and Capacity............................................................................. 46 iii VII. ACTION PLAN FOR STRENGTHENING JUDICIAL INTEGRITY AND CAPACITY.......................................................... 49 A. Draft Action Plan for Strengthening Judicial Integrity and Capacity ................................................................................... 49 B. Mandate and Draft TOR for the Implementation and Coordination Board.................................................................. 57 VIII. ANNEXES..................................................................................... 58 A. Defining Corruption................................................................. 58 B. Strengthening Judicial Integrity and Capacity......................... 64 C. UN Principles on the Independence of the Judiciary............... 107 D. Bangalore Principles of Judicial Conduct................................ 111 E. Agenda ..................................................................................... 120 F. List of participants ................................................................... 121 G. Appointment of the Implementation and Coordination Committee................................................................................ 125 iv I. FOREWORD BY THE HEAD OF NATIONAL LAW DEVELOPMENT AGENCY, DEPARTMENT OF LAW AND HUMAN RIGHTS RI The Government of the Republic of Indonesia, through its National Law Reform Agency, Department of Law and Human Rights RI and its Supreme Court, in collaboration with the United Nations Office on Drugs and Crime, has embarked on the implementation of a project on strengthening the capacity and integrity of the justice system. This project reflects our comprehensive and integrated vision of reform of the legal and justice sectors. It aims at enhancing the rule of law and human rights based on justice and truth. This partnership with the United Nations will enable us to draw from international experiences when working towards increased legal socialization, a broadened legal awareness among our people and a culture of legality. The pilot project is carried out within two provinces, South Sumatera and South East Sulawesi. It entails the conduct of a comprehensive assessment of the integrity and capacity of the justice sector carried out by Moores and Rowland Indonesia and, based on the findings, the development of plans of action. These action plans aim at strengthening access to justice, enhancing quality and timeliness of the justice process, improving the accountability and integrity of the justice sector institutions, reinforcing public trust in the judiciary, and facilitating coordination across the justice sector. The lessons emerging from this project will significantly contribute to the government’s efforts to promote the rule of law, strengthen good governance and eradicate corruption. I, therefore, deeply appreciate the assistance provided by the United Nations Office on Drugs and Crime to the Government and the People of Indonesia. Jakarta, 10 July 2005 Head of National Law Reform Agency Department of Law and Human Rights RI Prof. Dr. Abdul Gani Abdullah 1 2 II. FOREWORD BY THE CHIEF JUSTICE OF THE SUPREME COURT, R.I. Within the framework of a project on Strengthening Judicial Integrity and Capacity, the National Law Development Agency, the Department of Law and Human Rights and the United Nations Office on Drugs and Crime have conducted an assessment of integrity and capacity of the justice sector in two Indonesian Provinces, South East Sulawesi and South Sumatra, assisted by the services of an independent consulting company, namely Moores Rowland Indonesia. Surveys were conducted, as part of the assessment, between July and September 2004 in South Sumatera and South East Sulawesi by interviewing 1467 stakeholders in South Sumatra and 1018 stakeholders in South East Sulawesi. Respondents included judges, court staff, prosecutors, lawyers, courts users, business people, and prisoners awaiting trial. For this survey, Moores Rowland was supported by the staff of the law faculties of the Sriwijaya University in Palembang and the Halu Oleo University in Kendari. In South Sumatra, the 1467 respondents included 60 judges, 60 prosecutors, 136 lawyers, 218 court staff, 307 court users, 328 businessmen, and 358 prisoners waiting trial were interviewed, while in South East Sulawesi, the 1018 respondents included 39 judges, 38 prosecutors, 61 lawyers, 137 court staffs 211 court users, 249 businessmen, and 283 prisoners waiting trial. As a follow-up to this survey, provincial integrity meetings were held in Kendari, South East Sulawesi, on 7-8 October 2004, and in Palembang, South Sumatera, on 11-12 October 2004, providing stakeholders with the opportunity to review and analyze the data, and design action plans, based on the findings of this assessment, with the aim of strengthening the integrity and capacity of the court system. This report gives a detailed account of the deliberations of the workshop in Kendari. As the Chief Justice of the Supreme Court of the Republic of Indonesia, I welcome all actions, which have taken place since the launch of this project in late 2003. They constitute important steps towards the creation of an integrated criminal justice system, and as such support the implementation of Blue Print for judicial reform of the Supreme Court of the Republic of Indonesia. 3 I hope that all of these actions will contribute to our efforts in the fight against corruption, a fight which has received renewed impetus under the Government of President Susilo Bambang Yudhoyono. I am confident that the publication of this report will provide guidance also to the judiciaries of the other provinces of Indonesia, and support their efforts to strengthen the integrity and capacity of their courts. Jakarta, 15 February 2005 CHIEF JUSTICE OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA Prof. Dr. Bagir Manan, S.H., M.C.L. 4 III. OPENING SESSION A. Welcoming Remarks by the Chief of the High Court for South Sumatra I would like to thank and welcome all participants, in particular our colleagues from the United Nations Office on Drugs and Crime (UNODC) Dr. Peter Langseth, Dr. Oliver Stolpe, and Dr. Satya Arinanto.