BPK insists on auditing the Court's administrative funds

The Jakarta Post, Jakarta

According to the law, all funds paid to the Supreme Court (MA) by members of the public should be audited, Supreme Audit Agency (BPK) chairman Anwar Nasution said.

"As stipulated in Indonesia's financial law, a country exists to produce public services. Some fees for services can be paid directly by those who use the services, and this is called state revenue," he said Friday at a gathering to break the fast at his office's mosque.

"In this case, the fees are generated by people who have used the court's services, so this is definitely state revenue, not entrusted funds as the court has claimed," said Anwar.

"All we ask is to be able to audit the court's administrative fees, that's all. No institutional conflicts or personal matters are involved here," he said.

He said most countries audited such fees, including the Dutch during their time in Indonesia.

"Only the Supreme Court in this country refuses to have its administrative fees audited," said Anwar.

He said in other regions, doctors, lecturers and nurses had been sent to prison because they did not hand over relevant fees to the state coffers.

"Indonesia is a country based on law, so everyone is equal in the eyes of the law. Therefore, I can't see why the court's chairman is not being arrested," Anwar said.

According to Indonesia's financial law, the refusal of a state institution to be audited is a criminal act, Anwar said.

"Because the refusal to be audited is a criminal act, it must be determined whether the police, prosecutors or the Corruption Eradication Commission will handle this case," Anwar said.

The Agency reported the court to the National Police last week on the basis that its refusal to have its annual administrative fees audited was a violation of the Public Finance Management Law.

Police are continuing to investigate the claims to determine whether to take criminal action.

"To solve this ... we may also go to the Constitutional Court for a judicial review," Anwar said.

Supreme Court representatives claim that according to the Civil Code, administrative fees are not state revenue, meaning an audit would not be necessary.

The court handled some 25,000 cases in 2005 and 2006. The fee for an individual appeal in a civil case is Rp 500,000 (approximately US$55), while a civil case review costs Rp 2.5 million.

Many have suggested the two parties meet bilaterally, or even involve a third party such as the President or a representative from the House of Representatives to discuss the issue.

"If mediation was offered, I don't know what kind of mediation it would be," Anwar said.

"We should keep the President out of this, because he already has other big issues on his plate. But if he is able to spare his time, I would be very grateful," he said.