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