Democracy and trust in justice<\/p>\n
Patrick Guntensperger, Jakarta<\/p>\n
A successful democracy can be recognized by the confidence the
\npeople have in its legal system. When the people have a general
\nfeeling that if they are unreasonably or illegally harmed, they
\ncan seek recourse through a dependable court system, the country
\nis well on the way to being a mature democracy.<\/p>\n
When people have an instinctive belief that a crime will be
\ninvestigated, prosecuted and punished swiftly, compassionately
\nand impartially, it indicates that their country is or is
\nbecoming what we all want a nation to be. Few places on earth
\nhave reached this laudatory state of affairs.<\/p>\n
Indonesia can get there one day, but there is a lot of work to
\ndo. This country's legal system needs to be reformed from the top
\nto bottom, before it will meet the standards required by a truly
\njust and free society. The people of this country need to be able
\nto expect justice when they encounter the legal system; a
\nperception that justice can be found is a necessary component of
\nlife in a true democracy. But before that perception can be part
\nof the social fabric of Indonesia, the reality must be brought
\nabout.<\/p>\n
There is little hope for justice in a country that has a
\ncorrupt police force; before judicial reform can have any
\nlikelihood of success, police reform must be, if not complete, at
\nleast well underway. Before the country is able to enjoy a sense
\nof security and confidence in the criminal courts, there must be
\na sense that the front-line defenses against crime, the police,
\nare reliable.<\/p>\n
That means that if a crime is reported, it will be
\ninvestigated -- without the need for bribery, and it means that
\nif someone is a genuine suspect in a crime, he will be
\ninvestigated -- despite any attempts at bribery. That also means
\nthat if a person is apprehended committing a crime, he will be
\narrested despite his high status, just as it means that the law-
\nabiding will not be persecuted or harassed despite their lack of
\nstatus.<\/p>\n
The allegiance of the police must be to the law, to the
\nConstitution, to the principals of democracy and, ultimately to
\nthe people they serve and protect...not to their benefactors,
\ntheir cronies, or to particular political parties or individuals.
\nA tall order, to be sure, but one that has been met to a large
\ndegree by police forces in countries like Canada, Great Britain,
\nSwitzerland, and a number of other countries. The expectation of
\ndedication to justice on the part of the police is not an
\nidealist's hopeless dream; it is an absolute standard that can
\nand must be insisted upon.<\/p>\n
It is however, a chicken and egg problem. There will never be
\nan ideal police force while the judicial system is riddled with
\ncorruption. It isn't reasonable to entertain expectations of
\ndedication, loyalty, honesty and incorruptibility among the
\npolice when it is commonly understood that a court judgment can
\nbe purchased or avoided altogether if you have the right
\nconnections. A police force that brings criminals to face
\njustice, only to see them bribe their way out of jail terms,
\nrapidly collapses from fatigue and frustration.<\/p>\n
We can't expect the police to bring charges against criminals
\nif they know that the charges will only stick against those
\nwithout the means to buy a favorable judgment or who are without
\nconnections in the judiciary. Why, they will not unreasonably ask
\nthemselves, are we the only ones foolish enough to miss the gravy
\ntrain?<\/p>\n
Law reform must be approached on both levels simultaneously.
\nWe will never have successful police reform as long as the
\njudiciary is and is perceived to be corrupt. And the courts will
\nnever become the paragons of justice we want them to be if the
\nenforcement of the law is and is seen to be carried out
\nselectively and primarily for the benefit of the police and their
\nfriends.<\/p>\n
The expectation of justice must exist throughout the system,
\nfrom the driver getting a traffic ticket to the government
\nofficial answering to corruption charges before the highest court
\nin the country. That expectation must be held by the accused, of
\ncourse, but it must also be shared by the public who follow the
\nnews to find out how the country is progressing on the road to
\njustice and equality before the law.<\/p>\n
It is no secret that such an expectation is not yet a part of
\nthe national consciousness of Indonesia. Before the people can
\nhave the expectation of justice as an inherent part of their
\nimage of their country, there must be a national effort to reform
\nthe system.<\/p>\n
That national effort requires several things; for one thing,
\nthere must be a belief that the goal is an ideal that is shared
\nby all Indonesians; for another, there must be a belief that the
\ngoal can be achieved. But most of all, there has to be a belief
\nthat the goal is worth achieving; the people of Indonesia must be
\nable to say that they believe that this country is worth it.<\/p>\n
The writer, social and political commentator, can be reached
\nat ttpguntensperger@hotmail.com<\/p>",
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