When judges insist they are only answerable to God<\/p>\n
Kornelius Purba, The Jakarta Post, Jakarta<\/p>\n
People in the rather slummy neighborhood units were a little
\nenvious seeing Miswan opening an impressive, official-looking
\nenvelope. They thought the security guard in a housing complex
\nnear their area might have received another Rp 300,000 worth of
\nfuel compensation assistance from the government. He was the only
\nperson to receive such a letter in this neighborhood.<\/p>\n
Proudly he opened the envelope. He stared at the paper. It was
\npersonally signed by the director general of taxation, Hadi
\nPurnomo. However, he could not understand Purnomo's message in
\nthe letter. But then it was a letter from a senior government
\nofficial; it could be urgent.<\/p>\n
Miswan ran to the housing complex. To his shock -- and perhaps
\nto the relief of his neighbors -- the neighborhood head told him
\nthat the letter stated that the tax office considered that he
\nshould pay tax and therefore he had been issued with his own NPWP
\n(Taxpayers Registration Number). It was part of the government's
\nefforts to net more potential taxpayers, he was told.<\/p>\n
\"My salary is only Rp 350,000 (US$35) per month. My wife's
\nsalary as a house maid is also not much more than this. What tax
\nthey can take from me?\" the disappointed Miswan said on Tuesday.<\/p>\n
Miswan, who has recently recovered from tuberculosis,
\ncontinued grumbling about the letter. Pointing to a newspaper
\nreport, he said \"If I were a security guard at the Supreme Court,
\nmaybe Pak Hadi could tax me.\"<\/p>\n
According to the newspapers, bribery practices are so rampant
\nat the Supreme Court that even security guards, drivers and
\noffice boys there operate as \"scalpers\" to serve \"justice
\nseekers\" or those who do not want to lose a legal battle, or who
\nwant to avoid jail, like Soeharto's half brother Probosutedjo.<\/p>\n
Probosutedjo said he had spent Rp 6 billion (US$600,000) in
\nan effort to bribe Supreme Court Chief Bagir Manan to annul a
\nlower court decision sentencing him to two years jail. He also
\nclaimed that he had bribed judges at the Jakarta High Court with
\nRp 10 billion to reduce the verdict of a District Court from four
\nyears to two years.<\/p>\n
We do hope that Bagir is able to defend his honor, because
\nwhen the state's highest law enforcer is also a crook, what hope
\ndoes justice have in this country? Many people, however, would
\nhardly be surprised at Probosutedjo's confession. They know that
\ncorruption is as rampant in the Supreme Court and at lower courts
\nas it is in any other government or state agency.<\/p>\n
Although Bagir may be able to prove his innocence, the damage
\nhas been done.<\/p>\n
Corruption in the judiciary at all levels -- even in divorce
\ncases -- is totally out of control.<\/p>\n
Just talk to judges in private, or to famous lawyers, their
\nstories will be totally different. The role of judges,
\nprosecutors and lawyers here is not like what we see in Western
\ntelevision series, or the Chinese Judge Bao series. Several
\nlawyers reportedly boast about their ability to get their clients
\noff the hook; an ability determined not by their legal expertise
\nbut by their ability to bribe judges, prosecutors and police.<\/p>\n
The Supreme Court zealously rejects all attempts to control
\nit, citing such control as interference in their independence.
\nThey are free from any public monitoring. The judges are free
\nfrom any obligation to be accountable, even though very few
\npeople believe that they are honest.<\/p>\n
Supreme Court officials can -- and often do -- swear in the
\nname of God that they are clean of corruption, but no-one
\nswallows that any more.<\/p>\n
Because of the absence of any accountability mechanisms, there
\nis strong perception in our society that Indonesian judges are
\ndirectly responsible only to God.<\/p>\n
Other high state institutions like the House of
\nRepresentatives (DPR), the Supreme Audit Agency (BPK) and the
\nSupreme Court (MA) are now busy attempting to deny -- and perhaps
\nalso to cover up -- corruption accusations against their
\nofficials.<\/p>\n
But Miswan is smart enough not to accuse the directorate
\ngeneral of Tax of wrongdoing, because he does not want to create
\nany new hardships for himself. But what about his dream to work
\nat the Supreme Court? Perhaps he could bribe someone to give him
\na job there.<\/p>\n
The writer can be reached at purba@thejakartapost.com<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/when-judges-insist-they-are-only-answerable-to-god-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }