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.