Sun, 17 Sep 1995

Lawyers bear brunt of Bekasi court violence

By T. Sima Gunawan

JAKARTA (JP): Two lawyers were beaten black and blue by an angry mob early this week. Their mistake: Defending three men accused of gang-raping a woman and her two teenage daughters.

Lawyers Petrus Bala Pattyona and Hendar Puji Astoro were stoned, hit, kicked and trampled outside the Bekasi District Court, about half-an-hour's drive from Jakarta. The police tried to protect the lawyers but were ineffective when nearly 2,000 people launched their attack.

The lawyers were representing three of the nine people suspected of raping Acan's wife and two daughters on July 24. Jakartans were enraged when they learned of the rape, condemning the rapists and demanding heavy punishment for the criminals.

A huge crowd jammed the compound when the court started examining the case early this month. They yelled at the lawyers but there was no violence. Lawyer Petrus became anxious when death threats emerged and therefore asked for police protection.

The situation got out of hand when the hearing resumed on Tuesday. Jeers and scolds turned into a violent attack on the two lawyers. One of the lawyers' companions was also beaten.

The suspects were not in the court when the case was examined.

Lawyers have expressed their sympathy for their two colleagues. They stated that the attack reflects the public's ignorance of the duty of lawyers and demanded that the police guarantee the safety of the defense team.

Secretary General of the Indonesian Bar Association Djohan Djauhari observed that public dissatisfaction with law enforcement is a "general phenomenon". But he expressed regret over the incident, and called upon the public to understand the principle of presumption of innocent and to respect the suspects' right to a fair trial.

Obviously people attacked the defense lawyers out of anger. Their hate for the criminals who raped the two teenage girls and the girls' mother physically landed on the lawyers defending the suspects.

Indonesians are also upset because judges are known to hand down light sentences for rape. Some rapists have received only several months in jail, far below the maximum sentence of 12 years.

Frustration

The attack reflects public frustration with the justice system. They are skeptical and therefore often take the law into their own hands.

Some top government officials have also expressed concern about the light sentences rapists have received. Minister of Women's Role Mien Sugandhi has even insisted on the death sentence for the criminals.

Corruptionists have been handed suspended sentences while others languish in jail for stealing some bread or chickens. The law can become a weapon of the rich and powerful.

"Such sentiments, which were widely exposed by the press, justify the people's ideas about the lack of justice in the country," sociologist Hotman Siahaan from the University of Airlangga in Surabaya said.

Soothsayer Permadi Satrio Wiwoho was sentenced to seven months in prison on Monday for describing Prophet Muhammad as a "dictator" during an academic seminar. He was prosecuted even after he apologized and swore he didn't mean to insult the prophet.

The Attorney General's Office isn't consistent when handling blasphemy cases. The prosecutors recently halted an investigation into of a cabinet minister accused of a similar slip of the tongue.

Siahaan insisted that people are not just fed up with legal injustice but the cultural, political and economical injustice that is rife in the country. "But they cannot express their anger, especially when they are angry at the government, because the two available channels: the House of Representatives and the press, are under constraint," he added.

He stated that long-suffering Indonesians are powerless, resulting in an accumulation of pain and rage. They can become cynical, apathetic or brutal.

"Some people have the courage to stage demonstrations to protest injustices. But the majority keep quiet with anger deep in their heart, which can explode at anytime. People can easily get angry and become violent if there is a trigger for the action," Siahaan said.

"In other words, our people are sick. Only sick people attack lawyers," he argued.

Empowering the people is the best remedy. Improving cultural, social and economic institutions is necessary before the people can take control.

"This is only a theory, the facts show that all these institutions are paralyzed," he explained.