Judicial farce
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