Out-of-pocket, under the table: RI brand of justice
Tiarma Siboro, The Jakarta Post, Jakarta
The country's corrupt judiciary has cost justice seekers or practitioners not only a lot of money but the right and opportunity to win a case.
A retired Army lieutenant colonel said he had spent Rp 200 million (US$22,471) to win his claim over land from his former superior, a retired major general. But even though the Supreme Court upheld the verdict of the West Java High Court and Bandung District Court that went in favor of the former middle-ranking serviceman last year, the decision of the highest judicial body could not be enforced so far.
"Despite my solid legal right over the land, until now I cannot do anything to it because law enforcers, including police and prosecutors, are unable to execute the Supreme Court's verdict," the man, who requested anonymity, told The Jakarta Post on Wednesday.
"As the winner of the case, I should not have to pay for anything except the administration fee. But in fact, I spent more than Rp 200 million to make the law enforcers execute the verdict," he said.
The money went to prosecutors, police and related local government officials, according to him.
"Maybe I have spent more than I need to buy the plot," he complained.
The dispute over the four-hectare plot of land in Lembang, a hilly town north of Bandung, began in 1995 after the two retired officers found they both held ownership certificates for the same land issued by the local village head.
The retired lieutenant colonel admitted to spending extra money to win his case at the lower courts, but he attributed his victory in part to his closeness to the family of former president Soeharto.
Lawyers Petrus Selestinus, currently also a member of the Public Servants' Wealth Audit Commission (KPKPN), and Wawan Iriawan of Wiranto and Co. Law Office agree that dealing with the courts is a costly business.
They admitted to have been asked for money by judges to win their cases.
Last week, the Jakarta High Court suspended the license of Wawan after he filed a complaint against Judge Torang Tampubolon of the South Jakarta District Court for allegedly extorting police and the Supreme Court.
"Since I filed the complaint with the police in late December, I haven't seen them display any intention of following up the case," Wawan said.
He has also filed the complaint with the Supreme Court, but it remains unclear whether the court would respond to the case.
Torang was handling a commercial dispute involving PT Satya Teguh Persada and PT Asri Kencana Gemilang.
Wawan said that after his client PT Satya Teguh Persada granted the judge's request for a cellular phone, the judge asked for Rp 3 billion in exchange for a ruling in favor of the company. The request was rejected and PT Satya Teguh Persada eventually lost the case.
Wawan is another whistle-blower who has been punished after revealing corruption practices within the law enforcement institutions after broker Endin Wahyudin and prosecutor Kito Irkhami.
Petrus said that based on his experience bribes demanded by judges range between Rp 50 million and Rp 100 million.
"I leave the matter to my clients if bribery is involved," Petrus told the Post.
Petrus last lost a dispute over a Rp 6 billion plot of land on Jl. Jenggala in South Jakarta. It was Judge Lalu Mariyun who sat as the presiding judge.
"I did not bribe the judge, but I will fight the verdict as I smell corruption and collusion behind the verdict," Patrus said.