OPENING ADDRESS

By
Prof. Dr. Harkristuti HARKRISNOWO S.H., M.A. Ph.D.
Chairperson of the Organizing CommitteeYour Excellencies Mr. Kwik Kian Gie, Mr. Iimura, Mr. Kanda, Prof. Romli Atmasamita,
Mr. Sakai. Distinguished guests, ladies and gentleman. Please allow me to warmly welcome you
to this three day seminar. And I would also like to convey my gratitude to you all for coming tothis event which is held in a very difficult time because it is held between the Idul Fitri,
Christmas and also New Year’s Eve. So I have great appreciation for you coming to this event.
This international seminar was initiated by UNAFEI, JICA, BAPPENAS and the Facultyof Law，University of Indonesia. We have invited speakers from both Indonesia and Japan. Five
speakers are from Japan while ten speakers are from Indonesia. The participants are from various
parts of Indonesia as well as from Jakarta, and we have representatives from the police system,from the prosecutor’s office, judges, and lawyers, correctional officers, academics, and also
officers from the NGOs. As of mid-night last night we had 162 participants registered at thisevent.
It is our understanding that the criminal justice system is a very important issue inIndonesia today, because we have many people looking at the system which is alleged to be very
unprofessional and possess other weaknesses that harm the performance of the criminal justicesystem. So today we are going to exchange our views, the Japanese experience as well as theIndonesian experience. To a certain extent, reform can improve the performance of the criminal
justice system in Indonesia. And I would like also to extend my gratitude to our speakers andmoderators coming from different parts of Indonesia, thus I would like to convey the message
that this is not just being conducted and participated in by Jakartan’s only.
We do hope that whatever we are going to achieve this will somehow contribute greatly tothe development of the criminal justice system of Indonesia especially and also to law reform inIndonesia in general. Thank you.

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OPENING ADDRESS

By
Mr. Yutaka IIMURA
Ambassador of Japan
His Excellency Mr. Kwik Kian Gie, Minister National Planning Development Agency of
BAPPENAS. Prof. Dr. Romli, the Chairman of the National Law Development Agency. Mr.
Kunihiko Sakai, Director of UNAFEI. Mr. Michio Kanda, Resident Representative of JICA,
Indonesia Office; Distinguished guests, ladies and gentlemen.
It is my honor to attend this opening ceremony of the International Seminar on Criminal
Justice Reform, it is also a great pleasure for the government of Japan to be able to work closelywith those who are present here and who are deeply involved in the judicial reforms.
Indonesia is in transition while overcoming the legacy of the past, it has set about torealize a democratic and just society. The judicial reforms play an essential roll in this process.
Particularly reforms in the criminal justice system which is the key, as it is the backbone of thestate’s judicial system, for the protection of its citizens’ lives, rights and property. In addition thereconstruction of the national economy, which is a priority, cannot be realized without successful
judicial reform. Good governance provides a foundation for stable business transactions, in thissense, it is my belief, that it is no exaggeration to say that the future of this country is at stake.
My country, Japan, takes great pride to be able to walk with you closely in this event of JapaneseIndonesian Cooperation for judicial reform. This seminar held by UNAFEI, JICA, BAPPENAS
in cooperation with the Faculty of Law University of Indonesia, as you know is the 3rd joint
seminar of Japan and Indonesian. Many Indonesians who have been trained at the UNAFEI in
Japan have important positions, among others; in the courts, the prosecutor’s office and theMinistry of Justice. As to the improvement of the civil police, Japan has its high level officials asadvisors of the national police office and a JICA technical cooperation project is being carried out
at Bekasi police station.
In January this year, the study team for Indonesian Judicial Reform was sent back to
Jakarta by the government of Japan. And subsequently comparative study programs by Japaneseand Indonesian legal experts were held in Japan in July. Based upon this we attempted tostrengthen the internal cooperation and wish to go to the next stage which is more comprehensive
and a collaboration. From this perspective, I believe the seminar today is an important
opportunity, which could accelerate the development of the cooperative relationship between thetwo countries.
Finally, one of the things that we learn from experience is that judicial reform must be
conducted, taking into account the country’s culture and tradition otherwise it cannot be acceptedby the people. In the course of this seminar today, Japanese lectures will show our experiences.
My hope is that it will not be a one-way street and rather that the Indonesian side will gain
something from these experiences and think about what Indonesian law can gain from elementsof the Japanese system and what elements could not easily be incorporated due to culturaldifferences. The significance of this seminar lies precisely in getting all of us to think about thisquestion. In January this year, the Japanese Prime Minister visited South East Asia andannounced that he had based his policy on our situation on the philosophy of “berpikir bersama,−20−

berjalan bersama”. I’d like to see the Indonesian-Japanese cooperation in judicial reform basedon this principle. Thank you very much.

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OPENING ADDRESS

By
Mr. Michio KANDA
Resident Representative JICA
His Excellency Mr. Kwik Kian Gie, State Minister, National Planning Development
Agency and Chairman of BAPPENAS. His Excellency Mr. Iimura Yutaka, Ambassador of Japan
to Indonesia. Prof. Dr. Romli Atmasasmita, the Chairman of the National Law Development
Agency, Ministry of Justice and Human Rights. Mr. Sakai Kunihiko, Director of UNAFEI.
Distinguished guests, lecturers, participants, ladies and gentlemen.
On behalf of Japan International Cooperation Agency, it is my great pleasure to say a few
words at this opening ceremony of the International Seminar on the Criminal Justice System,
jointly coordinated by the government of Japan and Indonesia and the government of Japan and
UNAFEI through JICA. First of all, I’d like to extend my warmest welcome to all participants ofthis seminar. At the same time I’d like to express my great appreciation to the official consultantsfrom the BAPPENAS, Supreme Court, Ministry of Justice and Human Rights, and other relatedorganizations of the government of Indonesia. Without their dedication this seminar could nothave been so successful.
The purpose of this seminar which is jointly conducted by the BAPPENAS, UNAFEI,
JICA, and other related organizations is to provide the participants with an opportunity to
exchange opinions and upgrade their knowledge in the field of criminal affairs. I’m proud toattend this seminar to give participants an opportunity to share a pretty obvious concern on
criminal affairs and consult with them from a different angle. As all of us know well, legal reform
is one of the key issues for social and political stability. At the same time, justice reform will leadto greater investment in Indonesia for economic recovery; especially since the last meeting, weare very concerned with the progress of a variety of legal reforms. Based on such a situation,
JICA conducted some ways of supporting the legal reform in January 2002 and throughdiscussion on this latest concern, JICA prepared cooperation programs in 2002. There are several
countries in this programme in Japan and joint JICA seminars.
In this connection, I would like very much to show my appreciation for the Director of
UNAFEI, Mr. Kunihiko Sakai for implementing this seminar. It goes without saying that JICA
has also supported the government of Indonesia for a long time in the field of legal and judicial
sectors by accepting Indonesian officials to Japan for training or studies.
I hope that all of us will learn something from the experiences of both sides’ lectures,
despite the relatively short duration of the program, I’m convinced that the participants willobtain substantial knowledge and experience. The knowledge provided by the seminar however
will be most effectively utilized by making modifications to suit it to our relative and current
situation.
In conclusion I would like to take this opportunity to express once again my sincere
gratitude to all the officials from the government of Indonesia for their wholehearted effort inmaking this seminar possible.

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May I close my address wishing all of you every success, thank you very much.

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OPENING ADDRESS

By
Mr. KWIK Kian Gie
Minister National Planning Development Agency
His Excellency Mr. Iimura Yutaka, Ambassador of Japan; Mr. Michio Kanda, the Resident
Representative of JICA; Mr. Kunihiko Sakai, Director of UNAFEI, distinguished ladies andgentlemen.
First of all I would like to express my deepest appreciation to the government of Japan anddelegates who have initiated the cooperation of this seminar. I would also like to warmly
welcome all the participants who have been willing to devote their valuable time by attending thisjoint seminar on Criminal Justice Reform. The object of this seminar is to have an in depth andthorough review of the judicial reform process in both Indonesian and Japan from thepresentations by the competent speakers. This seminar is also aimed at the exchange of
information, knowledge and experience especially concerning criminal matters and other related
issues. In this regard, it is expected the seminar will promote cooperation, networking and mutual
understanding of legal reform between the two countries. This joint seminar is the second
seminar held in cooperation with the Japanese government; the first one was in 1992. In my
opinion, this is sufficient evidence that both governments understand the importance of
information sharing of various issues related to the criminal justice system.
For many years, the Indonesian society has been longing for law enforcement and legal
certainty. This will constitute proof of society’s distrust toward the current legal system especially
law enforcement and the judicial agents. The dignity of those agents has been degraded by reasonof their insufficient performance in enforcing and guaranteeing legal order and legal certainty.
Abuse of the law and corrupt judges are important factors in deterring investment. The investors
would certainly choose a country with better and more reliable enforcement. This unfavorable
circumstances can no longer be sustained since Indonesia will shortly be involved in global trade,
initially in the year 2003 with the entry into force of the Asia Free Trade Area (AFTA). The
AFTA will be a big challenge for Indonesia to observe its legal instruments, preparedness andreadiness in absorbing investments.
In conjunction with the topic of the Effective Administration of the Police we will discussproblems faced by the police in handling the ever increasing crime rate especially thoseconnected with transnational organized crime and terrorism. I expect the distinguished speakers
from Indonesia and Japan could mutually exchange comprehensive information concerning thepreventive and repressive measures in their respective countries. We have noticed that the growthof transnational crime such as smuggling, money laundering, even in children trafficking,terrorism and other organized crime are another impact of globalization. Indonesia has recently
been a victim of terrorist acts in Bali; the tragedy has worsened Indonesia ’s status in theinternational community. On the subsequent topic, which deals mainly with the measures incombating corruption committed by justice personnel, I expect the speakers will provide an ideal
picture and information concerning the effective mechanisms for combating corruption offences
thus advancing the integrity of judges, prosecutors and other law enforcement personnel. The
third topic concerning reform of legal training and the recruitment system for judges, prosecutors
and the police is no less important. It is expected the speakers will explore the strengths and−24−

weaknesses of their respective reform programs, which will provide valuable inputs for further
development of the most suitable legal training program for law enforcement agents. The fourth
topic on judicial reform will look at measures to create independent and accountable judicial
institutions including how to encourage society’s involvement in the judicial process. I believethat in the fifth topic on the reform of the treatment of offenders, the respected speakers will
provide a model of educating treatment, which is oriented to the resocializing of the offenders
after their imprisonment terms. This is based on the principle that every human has a good heart
and intention except that sometimes the surrounding circumstances make them commit crimes.
From the various topics which will be presented and discussed in this seminar, I’m convinced that
we would all agree that law enforcement is one of the keys to establishing social order, certainly
and justice which in turn would considerably effect the development of social welfare. I really
hope that the recommendations resulting from this seminar will be followed up.
It is important to mention that in the middle of October 2002 we successfully held thesecond law summit which produced a commitment by the high officials from the law
enforcement agencies to force the legal and judicial reform based on Law no. 25/2000 on the
National Development Program (PROPENAS). The reforms would cover 5 main fields, the first legislative reform, second - prosecution reform, third - police reform, fourth - eradication ofcorruption, collusion and nepotism, and fifth - judicial reform. Therefore I strongly suggest thatthe follow up of this seminar will be a further commitment resulting from the law summit thatwill ensure that the legal and judicial reform will run synergically. Last but not least I would liketo express my gratitude and appreciation to the steering and organizing committee of the seminar
who have given their best efforts to make this seminar a success.

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KEYNOTE SPEECH

By
Prof. Dr. Romli ATMASASMITA, SH. LL. M.
Chairman of the National Law Development Agency
His Excellency Mr. Iimura Yutaka, Ambassador of Japan; Mr. Michio Kanda, the Resident
Representative of JICA; Mr. Kunihiko Sakai, Director of UNAFEI, distinguished ladies andgentlemen.
This is a very important seminar in Indonesia since we know that our Criminal Justice
System in Indonesia is not so good and most of the weaknesses lie in the coordination and thesynchronization between the agencies. By this seminar we hope that the discussion will be
fruitful for both governments since the objective above all others is to exchange information,knowledge and experience between the two countries.
On the topic of effective administration we hope that all the discussion will be directed tothe issue on how to enhance the police in combating crimes effectively and efficiently and by theend of the discussion of the first session we hope that we could obtain the recommendations
about human resources development, budget planning and the police infrastructure especially inpreventing and combating transnational crimes. As regards restoring the integrity of the criminal
justice system with the sub-topic on the elimination of corruption in the criminal justice, we hopethat it will concentrate on both countries experience. By the end of the discussion hopefully there
will be some recommendations about the proposed policy, planning and budgeting in combating
and prevent ing corruption. And on the topic of the reform of the legal training system we hopethat they won’t concentrate on budgeting issues like as usual, but they will bring new issues suchas the judicial education system of the candidates for the criminal justice system. On the topic ofjudicial reform it is important to raise the issue of how the reform has taken place in this country
and also enhancing the machinery of justice in this country. With the last topic reform of thetreatment of offenders and community involvement, the issue is about the implementation of thetreatment system in this country specifically how to improve community involvement in thesystem and the important issue of how the treatment system will enhance the prisoners abilities tolive like members of society.

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OPENING ADDRESS

By
Mr. Kunihiko SAKAI
Director of UNAFEI
His Excellency Mr. Kwik Kian Gie, State Minister, National Planning Development
Agency and Chairman of BAPPENAS. His Excellency Mr. Iimura Yutaka, Ambassador of Japan
to Indonesia. Mr. Michio Kanda, the Resident Representative of JICA. Prof. Dr. Romli
Atmasasmita, the Chairman of the National Law Development Agency. Distinguished guests,
lecturers, participants, ladies and gentlemen.
As you may know UNAFEI (United Nations Asia and Far East Institute for the Preventionof Crime and the Treatment of Offenders) is truly honored to be able to participate in thishistorically significant event, with the kind attendance and warm support of so many high ranking
criminal justice personnel. Needless to say our society should be based on freedom and fairness
without which we cannot expect the healthy development of society or the economy or humanbeing themselves. It is the legal system that provides us with the concept of the rule of law underwhich all people are treated equally.
As society is becoming more complicated, sophisticated, and global, the concept of therule of law is gaining in importance. It is no wo nder that many countries, including Indonesianand Japan are undertaking extensive judicial system refo rm. For example the Japanese legal
system has been criticized for not being speedy and accessible enough to meet the needs of thepeople; Justice delayed is justice denied. That is the reason why Japan established a justicesystem refo rm council and from the recommendations of the council we are planning drastic
reform for the first time since World War II, which we will explain later in this seminar. I
understand that Indonesian justice officials are also making untiring efforts to pursue the conceptof the rule of law with the ultimate goal of the happiness and the prosperity of the people. This
reform requires a lot of aspirations and courage but unless this reform succeeds it will be difficult
to have a bright view of the 21st century.
In this joint seminar we will discuss various topics. Each issue should be discussed byevery pillar of the criminal justice system in an integrated way, which UNAFEI has long been
advocating. In this seminar we’d like to exchange views and experiences and expertise in thisimportant task of judicial system reform. And the last thing I would like to say is that in thisseminar we allocate a lot of time for discussion; the door is open for every one for at least one
hour. The success of this seminar depends on active participation by all participants. And finally I
will be very happy if this seminar helps to nurture the friendly relationship between Indonesia
and Japan, and I hope this seminar will start a new era of cooperation in the field of justice forthis country. Thank you.

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