Money and influence affect legal treatment
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
Everyone is equal before the law according to Article 5 of Law No. 74/1970 on the power of the judiciary. But the reality shows the opposite is more often the case.
Rich and powerful defendants, even when they are declared guilty, usually get better treatment than poor defendants.
The case of Hutomo "Tommy" Mandala Putra shows this reality very clearly.
In his first hearing last month some 400 police officers and a bomb squad guarded the Central Jakarta District Court on Jl. Gadjah Mada. The police also checked each visitor's bag with a metal detector.
The Central Jakarta Prosecutors' Office even provided its best paddy wagon to transport the special defendant.
Tommy was given a swift drive from the Cipinang Penitentiary in East Jakarta to the court as several police officers cleared traffic ahead of the speeding wagon.
The treatment was similar to that given to respected state officials and the president, while the fact is that Tommy is charged with the murder of Supreme Court Justice M. Syafiuddin Kartasasmita, the illegal possession of firearms as well as fleeing from justice.
Tommy still enjoys the privilege of being the son of former president Soeharto.
Dozens of policemen stood in row to welcome Tommy's wagon. The defendant got out, smiled and walked directly to the courtroom for the hearing, which began on time.
As he was in the media's spotlight the court decided to move the venue to Jakarta Fairground in Kemayoran, Central Jakarta.
This move cost the state Rp 6 million (US$641) per hearing to rent the fairground's air-conditioned Hall B.
Special treatment was also given to House of Representatives Speaker Akbar Tandjung, a defendant in a massive corruption case. Several defendants in cases concerning violations of Bank Indonesia's Liquidity Support Fund also enjoy similar treatment.
They are not detained due to "health problems". The court usually grants them house arrest status after they pay bail, which can sometimes amount to hundreds of millions of rupiah.
In contrast to their privileges, poor defendants are detained at Cipinang Penitentiary or Salemba Penitentiary.
The courts usually refuse to release them from detention, even when they fall ill. Courts usually suggest them receive medical treatment from the penitentiary's doctor.
They also have to share the 10-seated paddy wagon with 15 or so other defendants. And, of course, they have to endure cramped conditions without any air conditioning often for long periods of time as the vehicle gets stuck in traffic.
As soon as they arrive at court they are detained in the court cell. Dozens of poor defendants must share the 70-square-meter cell while waiting for their hearing, which always starts late.
"Rich defendants can enjoy life just like free people in their own houses, even though they are also defendants, just like me," complained Wagiyo, a defendant in a pickpocket case.
His family came to meet him at the South Jakarta District Court two weeks ago. His family prefers meeting him at court because they cannot afford the money usually extorted by penitentiary officers during prison visits.
Lawyer Johnson Panjaitan of the Indonesian Legal Aid and Human Rights Association (PBHI) asserted that the different treatment between rich, powerful defendants and poor ones revealed that legal reform has yet to be established here.
"Justice belongs to the rich and powerful only. That's the reality. Some day the public will be disgusted by the situation, if it continues," he told The Jakarta Post.
Johnson warned that unfair treatment leads to street justice, where mobs punish the suspects.
"Courts must uphold the law to ensure that justice is for everyone. Otherwise, our country will suffer more serious problems," he lamented.