ICW exposes corruption in judiciary
ICW exposes corruption in judiciary
Moch. N. Kurniawan, The Jakarta Post, Jakarta
The Indonesian Corruption Watch (ICW) disclosed on Tuesday
widespread corruption in the country's judicial system, involving
a wide range of players, from justices of the Supreme Court to
parking attendants at a district court.
When launching a book titled Menyingkap Tabir Mafia Peradilan
(Opening the Curtains on the Court Mafia), ICW said that
corruption in the judiciary involved all law enforcers --
policemen, prosecutors, judges and supreme court justices amid
the haphazard reform movement.
"It is right to say that the judiciary is the true winner in
the corruption competition in the country," it said.
ICW said corruption started when, in a criminal case, the
police requested "registration fees" from a victim who reported
his case to the police.
Without the fee, which varies from Rp 50,000 (US$5.5) to Rp 3
million, the case will not be processed or submitted to the
prosecutor's office.
For suspects, they could also bribe the police to stop the
case.
When a criminal case reaches the prosecutors' office,
prosecutors or their men would blackmail the suspects, or promise
a letter ordering a termination of the investigation (SP3), or
return the suspects' files again and again to the police until
the case disappears.
When the case finally reaches the court, lawyers could choose
favorable judges and make a deal with them to ensure that the
verdict would be in their clients' favor.
Even when after being convicted and sent to a penitentiary,
the convict could still bribe prison wardens to provide an
exclusive room.
"Hutomo 'Tommy' Mandala Putra is the perfect example of such a
case with his cell fully refurnished, equipped with air-
conditioning and a meeting table," it said.
In a civil case at the district court or commercial court, or
even in the Supreme Court, the patterns of corruption are similar
to those in the legal process of a criminal case.
ICW then gave seven suggestions to eradicate systemic
corruption in the country's judiciary.
It recommended the country's courts conduct tight internal
monitoring of judges to evaluate their performance.
The license for lawyers or advocates that is now issued by
corrupted high courts and the Ministry of Justice and Human
Rights, must also be issued in conjunction with bar associations
and their licenses must be revoked if they misuse them, it said.
The government must also amend the Criminal Procedures Code
(KUHAP) for an article that does not impose any punishment on
individuals who allow bail for a suspect but then the suspect
flees.
There must also be a fit and proper test for all chiefs of
judiciary institutions at all levels, ICW said.
ICW also demanded the court give the public easier access to
verdict documents, by which the public could monitor the court.
It noted that registration fees for any case must also be
announced publicly to prevent corruption from the outset.
And lastly, the Supreme Court must reform itself, recruit
clean justices and adopt a jury system with experts as members of
the jury in particular cases.