Putting an end to the culture of impunity

Putting an end to the culture of impunity

Thomas Hidya Tjaya, Jakarta

The recent report into the investigation of corruption cases
in this country was mind-boggling, if not heart-breaking: The
state has lost about Rp 22 trillion (US$2.35 billion) in 1,198
cases investigated from January 2002 to April 2004 (The Jakarta
Post, June 18). The Attorney General's Office, according to the
report, managed to recover only Rp 1.2 billion because the
convicts and suspects "had spent most of the assets or
transferred ownership to someone else to prevent reclamation by
the court".

For poor people who continue to struggle to meet their daily
needs, this report only adds to their already mounting
desperation for justice in this country, and violates all
Indonesians' sense of fairness. How could the corrupt fortunate
enjoy their illegitimately acquired wealth through the offices
they hold while the poor continue to fight day by day for their
very survival? The injustice committed is one of the main reasons
why we want to bring the corrupt to the court, even though we
often see them walking free, hardly touched by the law.

A culture of impunity is on the rise in this country. It is
related not only to cases of corruption but also to those of
human rights violations. These abusers of the system even feel
carefree enough to hold important offices or run for the
presidency. They often play dumb and turn deaf ears to the
accusations thrown at them. Should we let this culture of
impunity grow?

Some of the effects of crimes that are unsolved or never go to
trial are well known. We often see people resort to street
justice when encountering caught-in-the-act criminals that have
created fear in the neighborhood. They do so mainly because they
distrust the legal system that fails to deliver justice for all.
Bribery and corruption are rampant and everyone knows money can
buy "justice" in this country.

One thing we often fail to take into account when thinking
about the cases that never see trial or which fail to meet our
sense of justice is the general consciousness we have about
ourselves as a nation. We realize that we as a nation have a
large number of unresolved cases. They are the unfinished
business of the past, and the perpetrators are still on the
loose. This realization affects the way we conduct ourselves in
the present and how we anticipate the future.

How can we continue our journey as a nation and work our way
towards the future if we always carry the baggage of these
unresolved cases? Particularly for the victims of human rights
violations, the burden can be unbearable. They can't understand
how the dark events in this country that have affected them so
badly could so easily pass into oblivion. They often simply want
to know the truth and have the perpetrators apologize for the
crimes committed. Even the fulfillment of this request is hard to
obtain.

The obstacles to bringing these cases to trial are huge and
complicated. First, we cannot but notice the legal system in this
country is not strong. The independence of judicial institutions
is often threatened by other institutions, both national and
international. The so-called "big fish" can easily get away with
their crimes simply because they have good lawyers or enough
money to bribe court officers.

And even though some of the cases do go to trial, we often
find the perpetrators are given light sentences far below what
they deserve. Sometimes the court even acquits them for some
ridiculous reason, or on a legal technicality. Thus, the courts
assume a certain form simply so that justice appears to have been
done.

It often happens that many people are involved in a particular
crime. And unfolding the whole truth of the crime may mean
bringing a large number of people to trial. There is also often
the possibility that some incumbent government officials also
allegedly took part in the crime. This would make the case even
more difficult to solve.

Thus, we often hear a rhetorical question that often sounds
like a threat, "Would you be willing to see bloodshed just
because you want to see justice carried out in this country? Or
perhaps you would rather keep quiet and let the case go so that
the bloodshed may be avoided?"

The last obstacle may sound reasonable as we usually try our
best to avoid any form of violence and bloodshed. But such a
warning may continue to function as a threat so that we never do
anything to resolve the cases. As a nation we may end up being
paralyzed by our own past without any courage to bring it into
the light. The question is, how far can we go? Again, should we
let the culture of impunity grow in this country?

The answer is an absolute "no". This means that we should
eventually have the courage to address cases still up in the air.
For this reason we must appreciate the sincere efforts made to
bring corruptors and human rights abusers to trial. These efforts
express the collective responsibility for our own past as a
nation.

We must speak up and act for justice and use our words to give
others courage and hope so that we don't give up striving for a
more just society.

The writer is a lecturer at the Driyarkara School of
Philosophy in Jakarta.