Court Excellence: Toward Great Courts

Participants of  EMC Discussion posing together with Dirgen Badilag, Wahyu Widiana. From left to right (standing): Rahmat Arijaya, Dirwansyah Ridlah, Kholid, Bangbang SP, Ahmad Satiri, Salman, Abd. Rahman Rahim, Ahmad Saprudin, Achmad Cholil, Shobirin, Buang Yusuf, Edi Rawidy, Herman Hermanto. (sitting): Dini Triana, Wakhidun AR, Chazim Maksalina, Dirjen Badilag, Yassardin, Hasany Nasir, Alia Alhasna.

Jakarta | Badilag.net/English (03/11)

Since it has been an international issue that courts are expected to fulfill the need of the people for justice, some international institutions that are The Australian Institute of  Judicial Administration (AIJA), The Federal Judicial Center, The National  Center for State Courts (NCSC), and The Subordinate Courts of Singapore, with assistance of The European Commission for the Efficiency of Justice (CEPEJ), Spring Singapore, and The World Bank, have developed International Framework for Court Excellence.

As stated by the consortium in their publication, this framework is a model which has the goal to develop a framework of values, concepts, and tools by which courts worldwide can voluntarily assess and improve the quality of justice and court administration they deliver. The framework consists of the so-called Seven Areas for Court Excellence, namely: 1) court management and leadership, 2) court policies, 3) human, material and financial resources, 4) court proceedings, 5) client needs and satisfaction, 6) affordable and accessible court services, 7) public trust and confidence. This framework will in turn direct the courts to achieve court values i.e. equality (before the law), fairness, impartiality, independence of decision-making, competence, integrity, transparency, accessibility, timeliness, and certainty.

.

Some people might presume that the framework is simply a kind of theoretical guidance. In fact, this should be and is applicable basis to improve the performance of courts in providing justice service for the people. Badilag, for sure, has great interest, to strive in realizing this framework of court excellence. Using SWOT (strengths, weaknesses, opportunities, and threats) analysis as modern management perspective to ensure the implementation of the guidance into Badilag’s system is one serious way that can be taken into account.

Badilag's Strenghths and Weaknesses

As one of the highest judicial body within the Supreme Court of the Republic of Indonesia, Badilag certainly has many strengths. It’s being consisted of people having strong religious spirit is among the foremost strengths, beside the presence of strong leadership and management system, and so on. However, this does not become the general trend for all who are responsible in leading the body to move forward. Many court chiefs seem to still see their tasks simply as duties rather than responsibilities and struggle for great vision. This, in fact, is the weakness, beside the absence of massive collective spirit of the staff to move as the leaders do and many other points. Not all parts of the body have the same positive spirit.

Badilag's Opportunities and Threats

Since strengths and weaknesses come from internal system, points that should also be considered are the external ones. Opportunities for implementing the ideas of court excellence may come from increasingly open circumstances within society to contribute for legal reform. Public participation as well as media watch are completely important factors that might provide wider opportunities for Badilag to develop court excellence. More open political system is also positive point that might contribute for better legal institutions.

Where there are opportunities, threats are also present, which certainly may not make us pessimistic but rather have positive effects in encouraging the system to continuously develop. The fact that most people are not familiar with court proceedings might be among the threats that should be treated wisely in order to keep providing best legal service without having to break the rule. In fact this is often used by some irresponsible people to take advantage which results in high cost legal affairs. People then assume that having their case proceeded by the court would take a great amount of money although in reality the real cost is fairly low.

Recommendations

Dreaming Badilag to implement all systems of court excellence is clearly a broad discourse. To make the dream come true is task that should be incorporated by all those who have the vision of idealistic, great court. In practical level, some recommendation might relate with ideas of strengthening court leadership and management through more comprehensive and well-organized trainings, more selective promotion system; strengthening legal unification through introducing guidelines for various types of cases; implementing stricter level of standard operating procedures including the realization of reward and punishment method; timely court proceedings, etc.

For the sake of users satisfaction, all possible efforts must be taken. Litigants, witnesses, people who seek for information, lawyers, legal professors, are among those who must be satisfied by the courts. Included to this area is the presence of “prodeo” and round sessions. For this point, the courts especially Religious Courts, come the idea of “justice for the poor.” The presence of IT facilities with SIADPA as among the important programs, for sure, brings the idea of affordable and accessible courts services into reality. What already becomes target program of Badilag, that is to fasten the presence of computer-based-case-proceedings in all Religious Courts all over Indonesia must continue to be priority program.

All of these ideas of court excellence are parts of Badilag’s commitment to strive to achieve the great mission of the Supreme Court that is “Toward Great Court.” Once Badilag can generate the framework into reality, it, in fact, would be significant contribution for the wider vision of justice enforcement for all Indonesian people.

These are among the points that arised in an “English Meeting Club” conducted by Directorate General of Religious Court Body on Tuesday, October 27, 2009, where Mr. David Sabin Anderson (Chief Party, In-ACCE, USAID) was presenting his smart speech on “Court Excellence.” The program was opened and supervised directly by Director General of Religious Court Body, Mr. Wahyu Widiana, who showed a very serious attention in enhancing the quality of Religious Courts human resources. The discussion was hosted by Achmad Cholil (judge of Pandeglang Religious Court), and moderated by Salman (judge candidate of Cilegon Religious Court). Came as the presenter, Yasardin (chief judge of Depok Religious Court), and Alia Alhasna (judge of Tangerang Religious Court) and Chazim Maksalina (vice chief judge of Kuningan Religious Court) as commentators. Many sincere participants came from various Religious Courts in Jakarta and outside Jakarta, namely Wachidun AR (East Jakarta Religious Court), Dini Triana (North Jakarta Religious Court), Bambang Sri Pancala (East Jakarta Religious Court), Ahmad Satiri (Tigaraksa Religious Court), Ahmad Saprudin (Tangerang Religious Court), M. Dirwansyah R. (East Jakarta Religious Court), Abdurrahman Rahim (Cibinong Religious Court), Shobirin (West Jakarta Religious Court), Khalid (Bekasi Religious Court), Buang Yusuf (Tangerang Religious Court),  M. Hasany Nasir (Tigaraksa Religious Court), A. Edy Rawidi (Pandeglang Religious Court), Hirpan Hilmi (Badilag), Ridwan Anwar (Badilag), Hermansyah (Badilag), Herman Hermanto (Badilag), and Endah Purnamasari (Badilag),  including one special participant, Rahmat Arijaya (judge of Sekayu Religious Court, South Sumatra). [Salman & The Team]