Bribery in legal system not merely fictitious story

Muninggar Sri Saraswati, The Jakarta Post, Jakarta

Bribery is nothing new to the country's legal system. But despite the numerous allegations that some police officers, prosecutors and judges are corrupt, proving it is difficult because these corruptors know how to hide any evidence of their crimes.

A defendant charged with the embezzlement of billions of rupiah told The Jakarta Post earlier this month that he bribed prosecutors and police officers before his case was turned over to the district court in an attempt to have his case suspended.

"They said they couldn't suspend my case because it would draw the public's attention. They could only give me a lighter charge," said Winata (not his real name), adding that he spent about Rp 700 million (US$70,000) bribing the law enforcers.

Winata hired several lawyers to represent him, but he visited the court himself to find out whether the judges hearing his case could be bribed.

A clerk at the court asked him "several million rupiah" for the information.

"The clerk told me to meet the judges personally and hand the cash directly to them, as they were straightforward," he said with a laugh.

Winata did what the clerk advised, giving the cash to the judges in their offices. He refused to say how much money he handed over, but did say that he was confident the judges would rule in favor to him.

"They gave me house arrest status right after I gave them some money. And I plan to give them more (money) if they give me a light sentence," he said.

Some observers say corruption in the judiciary is related to how judges are recruited. They point out that the Supreme Court has never been transparent in its appointment of judges.

"I have taken the entrance test (to become a judge) three times. And each time I took the (annual) test, a staff member at the court asked for some money to ensure that I would pass," said a law school graduate.

She was asked to pay Rp 15 million in 1999, Rp 20 million in 2000 and Rp 25 million last year.

She refused, saying she did not have the money and believed she could pass the test as she graduated with honors from a respected state university. But she was wrong -- she failed.

Lawyers confirm the practice of bribery in the judiciary.

"A defendant or their lawyers might give cash to the judges not in suitcases, but in food boxes," said Johnson Panjaitan of the Indonesia Legal Aid and Human Rights Association.

And corrupt judges and prosecutors do not demand bribes from rich defendants only, but also from poor ones -- in both criminal and civil cases, as well as in divorce cases.

Johnson, who often provides free legal aid to defendants, said judges sometimes asked him for money in exchange for a favorable verdict.

Johnson named the South Jakarta District Court, the West Jakarta District Court and the Central Jakarta District Court as the most corrupt courts in the city.

The secretary to the Indonesian Judges Association, Asep Iwan Iriawan, admitted that some judges took bribes.

"Some judges can possibly be bribed, but that does not represent all judges. The bad image of corrupt judges is a result of several verdicts in favor of defendants in big cases in the city," he told the Post.

Asep, who is a judge in the Central Jakarta District Court, said all judges were under the control of supervisors. A district court judge is supervised by judges in the high court, while a high court judge is watched over by the Supreme Court.

Supreme Court justices are not included in this system of supervision.

But Asep admitted that the control system over judges has not worked well.

"In fact, supervisors are allowed to examine their subordinates' verdicts. Unfortunately, this rarely happens," he said.

District and high court judges are administratively under the Inspectorate General of Justice at the Ministry of Justice and Human Rights.