Judicial farce
The farcical nature of attempts to capture former president Soeharto's fugitive son Hutomo "Tommy" Mandala Putra became evident to everyone when, soon after his conviction, front-page headlines conveniently announced to Tommy that his cell phone was being tapped by the police. After this all too public tip-off, he must have thrown his phone into the nearest rubbish bin and creased up with mirth at the ridiculous nature of attempts to apprehend him. Now he appears to be gadding about Jakarta, visiting relatives on their birthdays and intimidating judges, by arranging a broad-daylight assassination, to support his appeal against a conviction by a judiciary for which he shows utter contempt.
However, this mockery of the judicial system by Tommy appears not to be enough for some judges. They appear to have decided to take on the role of jesters themselves in order to help turn the entire law enforcement system into a complete laughing stock. How else is one expected to interpret the West Jakarta District Court's decision to reject an indictment of former Supreme Court justice, Yahya M. Harahap, for receiving bribes? The rejection was made on the correct basis that legislation cannot be applied retrospectively; but also on the absurd basis that the reformed statute no longer applies to untried crimes that took place prior to enactment of the new law. What this means is that a new law aimed at tightening the knot on corruption actually lets go, scot free, those who transgressed under the old law. In most other judicial systems the judges would question the intention of the legislators in such a situation and it was clearly not to create an amnesty for past offenders!
Given that Indonesian prisons appear to have little more than the retention ability of a sieve for rich offenders, that the police force seems unable to apprehend even the most cocky fugitives and that some judges reduce judicial proceedings to a farce, one wonders what, in any case, is the point of defending indictments and submitting appeals. Could this be face-saving taken to extremes -- laughable extremes?
FRANK RICHARDSON
Tangerang, West Java