Mon, 13 Nov 2000

From:

Like father, like son

From Republika

Our judicial system proved ineffective when the Attorney General's Office failed to execute the sentence meted out to Hutomo "Tommy" Mandala Putra for involvement in the Bulog-Goro land swindle because he was nowhere to be found. At the same time this failure shows the weakness of our law enforcement apparatuses, particularly regarding control over law violators.

Long before the Supreme Court sentenced Tommy to 18 months in jail, the prosecutor's office should have foreseen the possibility of Tommy disappearing and taken the necessary steps to deal with it. As it is, the office now has to work extra hard to prove that law enforcement in Indonesia is not a half-hearted undertaking, otherwise the public's sense of justice will be offended.

Cursorily, the problem related to the execution of the sentence passed on Tommy is merely a legal technicality. Besides, Tommy is buying time through "lobbying" and "negotiations" on the grounds that he was not sure that his safety could be assured. In fact, Tommy is indirectly defying the law to show that he is one of the untouchables in this country. He has resorted to legal and nonlegal attempts, which is evidence of his arrogance.

Therefore, the prosecutor's office must not hesitate to take firm and stern action. Abandon the delicate approach. Treat Tommy harshly in the same way other fugitives are treated. Discrimination must be alien to law enforcement in Indonesia. Our people are fed up with the privileges granted to these untouchables.

Many people were disappointed when the trial of Soeharto was halted. In a trial process, this is not uncommon, though. There are many other legal channels that can be resorted to, such as an appeal filed by the prosecutors to the Jakarta High Court. What should be prevented from happening is an attempt to shelve the case under the pretext of national reconciliation or in the name of a collective sin.

A ruling by the Jakarta High Court to the effect of upholding the appeal by the team of prosecutors in the graft case of former president Soeharto (Republika, Nov. 9, 2000), will open up an opportunity to settle the case on the judicial track. A trial of the former president will be highly influential to the image of law enforcement in Indonesia.

In the trial of Soeharto, our political elite should never again resort to the philosophy of mikul dhuwur mendem jero (respect the seniors and forget their mistakes), that Soeharto, in his early years of rule, applied to the late Sukarno. Despite his great merit in Indonesia's development, mistakes must be subject to examination and trial. Virtue will not cover vice. Let a court of law decide whether Soeharto's actions were right or wrong. The principle of equality before the law must always be upheld by one and all in this country.

OKTRY MAKTA

Muhammadiyah University

Yogyakarta