'Democracy doesn't ensure access to justice'<\/p>\n
Hera Diani, The Jakarta Post, Bogor<\/p>\n
The Bojong waste treatment plant case, the 20 year-old unresolved
\nKedung Ombo land eviction case, land confiscation by military
\nofficers in Sidoarjo, East Java -- these are just a few drops in
\nthe ocean of flawed justice in this country.<\/p>\n
Certainly, there is more openness and freedom compared to the
\nperiod of the previous Soeharto regime. But access to justice is
\nstill limited and selective due to the classical problems of
\ncorruption, and a fetid legal culture that gives effective
\nimpunity to the military and the wealthy.<\/p>\n
There has in fact been some institutional legal reform here in
\nthis country, with the establishment of a number of institutions,
\nnamely a Human Rights Court, a Corruption Eradication Commission,
\nan Ombudsman, a Constitutional Court, and many others.<\/p>\n
However, the commission establishment frenzy has yet to be
\neffective in boosting access to justice.<\/p>\n
A workshop on access to justice in \"transitional\" countries
\nheld here recently, concluded that while commissions like the
\nombudsman can help in offering solutions, it has to consist of
\nhonest and trusted members.<\/p>\n
\"The commissions are needed to provide external supervision,
\nwhich is more objective and is not attached to an esprit de
\ncorps.<\/p>\n
\"However, it has to be rearranged as some (commissions)
\noverlap with one another, which will only lead to unnecessary
\nburdens on the state budget and could create public confusion,\"
\nsaid Maruarar Siahaan, a judge of the Indonesian Constitutional
\nCourt.<\/p>\n
Organized by the Singapore-based Asia-Europe Foundation
\n(ASEF), the Habibie Center and the Hans Seidel Foundation, the
\nworkshop implied that there is a need for a mechanism that will
\nbring courts to the people.<\/p>\n
The legal system could be simplified, for instance, with
\ninformal alternative dispute settlements and mediation,
\nespecially because there is deep public distrust of the judicial
\nsystem.<\/p>\n
In this case, legal aid schemes are pivotal and there should
\nbe improvement in the schemes, and possibly incentives for pro
\nbono activities by lawyers.<\/p>\n
Legal aid entails consultation and advice -- not only on
\ncriminal cases but also civil and administrative cases -- as well
\nas provision of basic information on justice.<\/p>\n
In terms of raising public awareness, it must be done using
\nmedia that people are familiar with.<\/p>\n
\"Public education can be done through comic books and
\ndrawings. The government is sometimes too strict and
\nbureaucratic. Don't hide behind the complicated things.
\nEverything is complicated but there has to be political will,\"
\nsaid Deborah Stothard, executive director of Alternative ASEAN
\nNetwork on Burma.<\/p>\n
The love of justice, she said, already existed in Asian
\nculture, so people just need to be given confidence.<\/p>\n
ASEF's director for intellectual exchange, Bertrand Fort, said
\nthat to enhance access to justice, it requires budget allocations
\nto the judicial system for training and educating the law
\nenforcers, as well as giving them proper salaries.<\/p>\n
\"There are hundreds of international agencies which disburse
\nmoney, but the question is how to channel the money properly,\"
\nFort said.<\/p>\n
He pointed to well-off non-governmental organizations (NGOs)
\nthat had no grasp of the grass roots level.<\/p>\n
\"So, there must be genuine partnership between government,
\nNGOs and the state apparatus to create efficient law
\nenforcement,\" he said.<\/p>\n
It has to be noted as well that not all judges are corrupt.
\nTherefore, there should be a mechanism to protect them from
\npunishment and threats.<\/p>\n
On the notion of trust, there has to be critical and active
\ntrust, which means that people need to be committed to eventually
\ntrusting the system even though the system is flawed.<\/p>\n
All actions and decisions should also be taken at local
\nlevels, with assistance and information.<\/p>\n
External actors, in this case other countries, need to be
\ninvolved as international pressure often succeeded in pushing for
\nresolution of legal cases, such as the cases of gang rape in
\nPakistan recently.<\/p>\n
\"In terms of international pressure, it has to be understood
\nthat Asia has diverse value systems. Sometimes punishment for
\npast wrongdoings is not necessary because apology is enough. This
\nhas to be introduced,\" said Thai-based Malaysian activist
\nStothard.<\/p>\n
However, there is still a reluctance to be open and honest in
\nregional discourse.<\/p>\n
\"We have also fallen into the trap of raising ourselves in
\ndefault. Like 'Oh, at least our situation in Malaysia is better
\nthan Indonesia', for instance,\" Stothard said.<\/p>\n
A country with less access to justice, she added, can access
\nit from other countries with a more established legal system,
\nsuch as Singapore.<\/p>\n
\"It is possible. It's the moral obligation of these countries
\n(with more established legal systems). Government to government
\nwork must also encourage access to justice that will also boost
\ninvestment,\" Stothard said.<\/p>",
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