Justice at a price

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