Is U.S. legal system unjust?
Is U.S. legal system unjust?
I note with concern that your Dec. 21, 1999 front page carried
an article that under duress from the U.S. government, Indonesia
has been forced to suspend all corruption investigations
involving the state electricity company PLN and its contracted
power station suppliers.
According to the Asian Wall Street Journal of Dec. 21, 1999,
the U.S. ambassador sees this as progress. Are we now to
understand that it is official U.S. policy to encourage state
corruption? Since when does the U.S. ambassador become
responsible for Indonesian law and for superseding the laws of
the United States of America?
Although potential significant breaches of Indonesian and U.S.
law (including the Foreign Corrupt Practices Act and SEC
violations in regards to share transfers) are alleged, involving
many millions of U.S. dollars, the U.S. government or its embassy
in Jakarta has not as yet referred a single case to the justice
department, why not?
After the strenuous intervention of the World Bank in the Bank
Bali scandal, can we expect a similar vigorous intervention in
the PLN cases, again if not, then why not?
Taking into account the perhaps-justified concerns of U.S.
multinational chances of success in an Indonesian court, I would
suggest that the U.S. justice department takes over the cases and
that they are litigated in the U.S., with any damages being
transferred back to the Indonesian authorities. I am sure the
current U.S. ambassador and World Bank country manager would
wholeheartedly support such a "fair" position, or is the U.S.
legal system "unjust" as well?
COLLIN SINCLAIR
Perth, Australia