Democracy and trust in justice

Democracy and trust in justice

Patrick Guntensperger, Jakarta

A successful democracy can be recognized by the confidence the
people have in its legal system. When the people have a general
feeling that if they are unreasonably or illegally harmed, they
can seek recourse through a dependable court system, the country
is well on the way to being a mature democracy.

When people have an instinctive belief that a crime will be
investigated, prosecuted and punished swiftly, compassionately
and impartially, it indicates that their country is or is
becoming what we all want a nation to be. Few places on earth
have reached this laudatory state of affairs.

Indonesia can get there one day, but there is a lot of work to
do. This country's legal system needs to be reformed from the top
to bottom, before it will meet the standards required by a truly
just and free society. The people of this country need to be able
to expect justice when they encounter the legal system; a
perception that justice can be found is a necessary component of
life in a true democracy. But before that perception can be part
of the social fabric of Indonesia, the reality must be brought
about.

There is little hope for justice in a country that has a
corrupt police force; before judicial reform can have any
likelihood of success, police reform must be, if not complete, at
least well underway. Before the country is able to enjoy a sense
of security and confidence in the criminal courts, there must be
a sense that the front-line defenses against crime, the police,
are reliable.

That means that if a crime is reported, it will be
investigated -- without the need for bribery, and it means that
if someone is a genuine suspect in a crime, he will be
investigated -- despite any attempts at bribery. That also means
that if a person is apprehended committing a crime, he will be
arrested despite his high status, just as it means that the law-
abiding will not be persecuted or harassed despite their lack of
status.

The allegiance of the police must be to the law, to the
Constitution, to the principals of democracy and, ultimately to
the people they serve and protect...not to their benefactors,
their cronies, or to particular political parties or individuals.
A tall order, to be sure, but one that has been met to a large
degree by police forces in countries like Canada, Great Britain,
Switzerland, and a number of other countries. The expectation of
dedication to justice on the part of the police is not an
idealist's hopeless dream; it is an absolute standard that can
and must be insisted upon.

It is however, a chicken and egg problem. There will never be
an ideal police force while the judicial system is riddled with
corruption. It isn't reasonable to entertain expectations of
dedication, loyalty, honesty and incorruptibility among the
police when it is commonly understood that a court judgment can
be purchased or avoided altogether if you have the right
connections. A police force that brings criminals to face
justice, only to see them bribe their way out of jail terms,
rapidly collapses from fatigue and frustration.

We can't expect the police to bring charges against criminals
if they know that the charges will only stick against those
without the means to buy a favorable judgment or who are without
connections in the judiciary. Why, they will not unreasonably ask
themselves, are we the only ones foolish enough to miss the gravy
train?

Law reform must be approached on both levels simultaneously.
We will never have successful police reform as long as the
judiciary is and is perceived to be corrupt. And the courts will
never become the paragons of justice we want them to be if the
enforcement of the law is and is seen to be carried out
selectively and primarily for the benefit of the police and their
friends.

The expectation of justice must exist throughout the system,
from the driver getting a traffic ticket to the government
official answering to corruption charges before the highest court
in the country. That expectation must be held by the accused, of
course, but it must also be shared by the public who follow the
news to find out how the country is progressing on the road to
justice and equality before the law.

It is no secret that such an expectation is not yet a part of
the national consciousness of Indonesia. Before the people can
have the expectation of justice as an inherent part of their
image of their country, there must be a national effort to reform
the system.

That national effort requires several things; for one thing,
there must be a belief that the goal is an ideal that is shared
by all Indonesians; for another, there must be a belief that the
goal can be achieved. But most of all, there has to be a belief
that the goal is worth achieving; the people of Indonesia must be
able to say that they believe that this country is worth it.

The writer, social and political commentator, can be reached
at ttpguntensperger@hotmail.com