Judicial farce<\/p>\n
The farcical nature of attempts to capture former president
\nSoeharto's fugitive son Hutomo "Tommy" Mandala Putra became
\nevident to everyone when, soon after his conviction, front-page
\nheadlines conveniently announced to Tommy that his cell phone was
\nbeing tapped by the police. After this all too public tip-off, he
\nmust have thrown his phone into the nearest rubbish bin and
\ncreased up with mirth at the ridiculous nature of attempts to
\napprehend him. Now he appears to be gadding about Jakarta,
\nvisiting relatives on their birthdays and intimidating judges, by
\narranging a broad-daylight assassination, to support his appeal
\nagainst a conviction by a judiciary for which he shows utter
\ncontempt.<\/p>\n
However, this mockery of the judicial system by Tommy appears
\nnot to be enough for some judges. They appear to have decided to
\ntake on the role of jesters themselves in order to help turn the
\nentire law enforcement system into a complete laughing stock.
\nHow else is one expected to interpret the West Jakarta District
\nCourt's decision to reject an indictment of former Supreme Court
\njustice, Yahya M. Harahap, for receiving bribes? The rejection
\nwas made on the correct basis that legislation cannot be applied
\nretrospectively; but also on the absurd basis that the reformed
\nstatute no longer applies to untried crimes that took place prior
\nto enactment of the new law. What this means is that a new law
\naimed at tightening the knot on corruption actually lets go, scot
\nfree, those who transgressed under the old law. In most other
\njudicial systems the judges would question the intention of the
\nlegislators in such a situation and it was clearly not to create
\nan amnesty for past offenders!<\/p>\n
Given that Indonesian prisons appear to have little more than
\nthe retention ability of a sieve for rich offenders, that the
\npolice force seems unable to apprehend even the most cocky
\nfugitives and that some judges reduce judicial proceedings to a
\nfarce, one wonders what, in any case, is the point of defending
\nindictments and submitting appeals. Could this be face-saving
\ntaken to extremes -- laughable extremes?<\/p>\n
FRANK RICHARDSON<\/p>\n
Tangerang, West Java<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/judicial-farce-1447899208", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }