JP/6/prosecutor

JP/6/prosecutor

Justice and corruption merry bedfellows at AGO
or
KKN in the justice system starts with recruitment process

Muninggar Sri Saraswati
The Jakarta Post
Jakarta

An indictment leading to a conviction is supposed to be the
main goal of prosecutors in any justice system. Unfortunately,
however, only a few prosecutors here have the wherewithal or the
motivation to arrange comprehensive indictments in a bid to bring
a defendant to justice.

Most prosecutors commonly present obscure indictments, which
lack details, against a defendant. And it is not uncommon for a
prosecutor to present a piecemeal or plagiarized indictment
before a trial.

For example, prosecutors presented last week a six-page
indictment against the former director of the now defunct Bank
Industri, Oemarjoedi and the bank's former president
commissioner, Hashim Djojohadikusumo, who were both charged with
violating banking laws.

Hashim's defense lawyers, in contrast, presented a 19-page
objection and requested the Central Jakarta District Court to
suspend the case since the indictment was inadequate.

A junior prosecutor told The Jakarta Post recently that most
of the time he and his colleagues simply put together the
indictments by copying previous ones made by others in similar
cases.

"We usually just change the details, like names, locations and
times. That's right, we're lazy," said the prosecutor, who
refused to be identified, with a laugh.

Junior prosecutors usually handle cases such as petty street
crimes.

Many legal observers linked the prosecutors' apparent lack of
professionalism to their original recruitment, which is notorious
for nepotism, corruption and collusion (popularly known by the
local acronym KKN). The recruitment is conducted each year by the
prosecutors' offices in the provinces and at the Attorney
General's Office (AGO) in Jakarta.

The latest recruitment process here began in November. It
resulted in the hiring of 56 candidates among 3,000 applicants in
March. They underwent a series of tests, including an academic
test, a psychological test and an interview at the Attorney
General's Office.

Aditya, not his real name, shared his experience about the
recruitment.

"After I passed the psychological test, a middle ranking
employee told me that he could help me by assuring that I would
pass all the remaining tests. He then asked for Rp 30 million for
the 'help'," he said, while adding that he was fresh law school
graduate from a highly respected university.

Aditya refused the offer because his family could not afford
it. Along with him, there were over 100 applicants left for the
final round of testing.

"I failed, even though I successfully answered all the
questions from the deputy attorney general during the interview.
I'm sure it's because of the money," he said in disappointment.

Another applicant, Ratna, not her real name, confirmed that
money is not the only thing that matters in the recruitment.

"I passed the tests because my father is a prosecutor in
Sumatra. Still, my father had to give some cash to his friends
here to assure my place," she told the Post.

Antonius Sujata and Suhadibroto, both former deputy attorney
generals, asserted that the Attorney General's Office and the
provincial prosecutor's offices must change the recruitment
process because it was highly prone to collusion, nepotism and
corruption.

"The recruitment process is manipulated. They won't be able
to get the best qualified candidates," he said.

The only recruitment test handled by an institution outside
the prosecutors' offices is the psychological test.

But Antonius said that the recruitment committee could reject
applicants even if they passed the psychological test. "It's
because the recruitment is not transparent," he said.

Both Antonius and Suhadibroto had once suggested hiring an
independent institution to take care of the entire process.

"...My suggestion was neglected, and the same process
continues today. I can only say that there are many vested
interests that come into play in the recruitment process," he
cryptically alleged.

Should the Attorney General's Office and provincial
prosecutors' offices continue with this seriously flawed system
of recruitment, the country would face great difficulties in
pursuing the necessary legal reforms, Antonius lamented.