Justice at a price

I read with interest the article Corrupt legal system blocks justice for all that appeared in The Jakarta Post of Nov. 7, 1999.

A friend of mine who lives in West Java urgently desired a divorce recently, and she engaged one of the best senior lawyers in her hometown, one known for his uprightness and integrity. This gentleman and his team of women lawyers agreed to take the case. However, after the panel of judges handling the case found out that my friend's brother was the owner of one of the town's well-known business establishments, they put pressure on her through one of the woman attorneys.

According to the hapless lawyer, the chief judge, who is also a woman, demanded money -- and in no uncertain terms. She went so far as to brazenly state that the "rate" for the divorce case was the same as in the capital city. The thoroughly intimidated lawyer (who was sometimes accompanied by a junior lawyer during the meetings) pleaded that her client, although the sister of a well-to-do man, was herself deep in debt and did not want to ask her brother's assistance. All these pleas were to no avail, as the judge coolly remarked that the client and her legal team should remember that the post-fasting month Idul Fitri holiday was coming.

The lead attorney, the gentleman noted for his honesty and integrity, has considered giving up his law practice because he is fed up with the rampant corruption in Indonesian courts. But I know for a fact that his friends and clients refuse to allow him to close his practice. Who would help them in their efforts to obtain justice? They have a point.

But this lawyer with longtime experience in the courts has said that he, and his long-suffering clients, actually do not mind offering the judges some duly earned compensation for work well done in the name of justice after a case is finished. It is on the condition that the amount is fair and reasonable to the justice-seeker, and not blatantly and rudely demanded beforehand.

Would the ladies and gentlemen who are members of the Indonesian Lawyers Association perhaps consider the following option. I believe that all of you who honestly desire to practice real law, whom, I dare say, also have enough integrity, enough intelligence and enough moral courage to fight for true reform in the courts, would be willing to band together and work together for a common goal -- eradication of rampant corruption in the courts, which would make life easier for your clients.

In addition, use your combined legal expertise to draw up a legally correct and watertight government-approved statement for all practicing judges to duly sign and abide by. Among the points would be that all justices who sign the statement are willing to have an audit of their wealth; agree to have a satisfied justice- seeker offer an appropriate sign of gratitude well within his/her financial means after a court case has been declared finished; agree to have any sincere financial token of gratitude be offered them in the presence of at least three independent witnesses, while a tape recorder records the conversation for the benefit of all concerned, and are willing to take a solemn vow not to practice extortion and intimidation of justice-seekers and their legal representatives.

And, finally, they should agree to submit themselves to a death sentence at the hands of a firing squad or by lethal injection if any future investigation by an independent institution shows conclusively that they have failed in duly honoring the contents of the statement.

TAMI KOESTOMO

Bogor, West Java