Justice, corruption a merry bedfellows at AGO

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.

Many 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 two weeks ago 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. Just like the recruitment of judges, the recruitment of prosecutors is also 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.