Corruptors bribe lawyers

Corruptors bribe lawyers

From Rakyat Merdeka

Inconsistent and weak law enforcement has only triggered more corruption as legal practitioners and corruptors collude to ensure that the latter will be acquitted from corruption charges.

In addition, our own laws have loopholes allowing legal agencies to engage in corruption when doing their jobs. Consider these points: * The laws are drafted by legislators, the majority of whom are corrupt and supporters of the New Order regime. * The laws produced during the New Order regime are not fully against corruption and tend to give legal room for corruption. * Law enforcers, particularly judges appointed during the New Order era, are virtually corruptors themselves.

Let's have a look at subarticle 1 of Article 31 of the Criminal Law Procedures Code (Law No. 8/1981), which stipulates that detention can be postponed at the request of the suspect or defendant, the interrogator, the public prosecutor or the judge. Surely, this stipulation will allow the police, public prosecutors and judges to make a deal with corruptors.

Another weakness in punishing corruptors is that by virtue of the Anticorruption Law (No. 3/1971), corruption carries only relatively light sentences, unlike in Malaysia and Singapore where it carries capital punishment.

Then we also have Law No. 31/1999, signed by then president Habibie. The promulgation of this law abrogates Law No. 3/1971. Obviously, Law No. 31/1999 was issued to protect corruptors from the New Order era and free them from any legal responsibility.

Today we have Law No. 20/1001, a blend of Law No. 3/1971 and Law No. 31/1999, plus a provision on the reverse burden of proof. Unfortunately, as long as the Criminal Law Procedures Code remains the same, eradicating corruption will be a legally futile effort. In this context, President Megawati should have the courage to issue a government regulation in lieu of a law to eliminate all corruptors, relieve from office all judges appointed during the New Order era and replace them with ad-hoc judges.

HASAN BASRI

Bekasi, West Java