A nation on trial: Tommy's verdict<\/p>\n
The Straits Times, Asia News Network, Singapore<\/p>\n
It always sounded patronizing to hear suggestions that the
\ntrial of Hutomo \"Tommy\" Soeharto on capital charges was a
\nsurrogate trial for Indonesia's judicial system. This has been a
\nview held not only by foreign special interests and nosey
\nlobbyists, who tend to be concerned only with investment
\nprotections and certain high-minded ideals. By definition, such
\nopinions are not the most objective, if still indicative.<\/p>\n
But Indonesian ombudsmen who monitor the police and judicial
\nprocesses, essential components of a working polity, are in many
\ncases their own country's harshest critics. These the government
\nought to pay more attention to. Indonesia Corruption Watch has
\nissued an unflattering report linking court officials, police
\ninvestigators and judges to illegal payoffs. Its head, Teten
\nMasduki, alleged that half the sitting judges could be bought.
\nEven if he was only half correct in his estimation, this is
\nutterly frightful.<\/p>\n
Last week, the United Nations Special Rapporteur on the
\nindependence of judges and lawyers, Param Cumaraswamy, confessed
\nhe was shocked to discover \"the situation could be as bad as what
\nI have seen\". It was one of the worst he had studied -- and he
\nhas examined the controversial judicial structures of countries
\nlike Italy and Colombia, where judges have been known to be
\nmurdered for their work. Of the UN's assessment, Indonesian Legal
\nAid official Hendardi said his country had to accept there were
\nserious flaws in the court system. But it was in his giveaway
\ncomment -- he was not certain if the government could be moved to
\nact as \"corruption is so deeply embedded here\" -- that describes
\naptly the disenchantment.<\/p>\n
It is against this backdrop that the Tommy Soeharto trial is
\ndeemed important as a test marker. He was found guilty last week
\nand given a 15-year jail sentence. He had faced two capital
\ncharges -- complicity to murder and arms possession -- and one of
\nevading justice. The verdict should have given those critics who
\nhave the country's interests at heart plenty to cheer about --
\nbut they are not. Skepticism still runs deep. For starters, Tommy
\nSoeharto's punishment was disproportionately less than the life
\nsentences his two co-accused received. The court ruled the two
\nhad carried out the murder of a judge on his instructions. (This
\nSupreme Court judge had found Tommy Soeharto guilty of graft in a
\n1999 appeal). It is natural to suspect the star defendant had
\nreceived favored treatment. If he had, the Indonesian people
\nundeservedly would be in for a rough ride.<\/p>\n
Media commentators, legal scholars and watchdog organizations
\ncontinue to insinuate that the cause of justice will stand little
\nchance against the power and influence of the Soeharto family. It
\ncan come to that, unfortunately. There are suggestions of \"deals\"
\nthat would be made as the appeal winds its way to the Jakarta
\nHigh Court or the Supreme Court. Lawyers also warn the defendant
\ncould worm his way to freedom on technicalities. Might these have
\nbeen littered intentionally? Observers note ruefully that the
\npolice did not have a warrant when they seized guns believed to
\nbelong to the accused.<\/p>\n
Yes, Indonesia is still on trial. But the cause which patriots
\nof the nation are fighting is bigger than the fate of one person.
\nThis is a crucial distinction. It is understandable that the
\npeople want to see justice done in the case of one badly-behaved
\nman, who has coarsened a weakened system with his bribing and
\ncontempt for the law. But the entire apparatus of the police and
\njudiciary has to get over the episode, whatever comes of the
\nappeal, and be determined to do better than the last time.<\/p>",
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