Sujata pessimistic about the future of the law

By Ida Indawati Khouw

JAKARTA (JP): "I am pessimistic about the future of the law." Such a statement is nothing new. But it comes as a surprise to hear it from the mouth of Antonius Sujata, the chairman of the National Ombudsman Commission.

Legal conditions in the country are indeed poor. One of the proofs being that corruption, collusion and nepotism has grown so well here.

He said that the only way to make law enforcement effective was to replace high-ranking officials in the Supreme Court, high courts and district courts with people capable of upholding justice.

"In my opinion, efforts to clean up the institutions should start with the leaders because it is they who have the power to make the changes. Those lower down won't dare to break the law if their bosses are clean," he said.

At the same time the government should also uphold the control mechanisms so that law enforcement becomes effective, he added.

For instance, the Supreme Court should immediately examine judges who have passed down controversial verdicts like the case of Djoko S. Tjandra, PT Era Giat Prima factoring firm executive who was tried in connection with the Rp 546 billion Bank Bali scandal last year.

"Any controversial verdicts should be followed by a responsibility report," he said.

Sujata, 59, last month launched a book Reformasi dalam Penegakan Hukum (Law Enforcement Reform), a collection of newspaper articles.

"When I was writing the articles, I did not think they would be published in book form," he said.

The book launching party, which was held at the National Archives Building in Central Jakarta, featured harp and piano music. It was highlighted by testimonies from people who seek justice whatever the cost.

Sujata, who is a former attorney general, said he never had any problem with his writing because it never criticized individual institutions.

"The issues which I discuss are mostly law enforcement conditions in the country," he said.

It is not surprising then that during the interview he didn't once criticize the Attorney General's Office or individual prosecutors. He even "defended" the institution he once headed, which is now under fire for its handling of financial scandals related to corrupt conglomerates and former president Soeharto.

"The Attorney General's Office is not the only institution to uphold the law. Sometimes people stage demonstrations at the wrong address. In the case of the Soeharto trial for instance, the 'ball' is now in the justice's court but demonstrators always stage their protests at the Attorney General's Office," he said.

About criticism that prosecutors were too lenient in corruption cases, for instance in the Djoko S. Tjandra case, Sujata said that "the length of imprisonment is not something substantial".

Prosecutors demanded Djoko spend 18 months in prison. The defendant was later freed from all charges,

"The most important thing is whether corruption is proven. Prosecutors can even demand a one-day jail term but judges can send the defendant away for 10 years.

"It is the party that decides the punishment that should be protested, not those who make the sentence demands," said the father of two children.

Sujata's name became popular after he was dismissed from his post as deputy attorney general of special crimes early last year while investigating corruption involving former president Soeharto.

In March, he was appointed chairman of the National Ombudsman Commission, in charge of eradicating corruption, collusion and nepotism, along with protecting the rights of the general public in regard to public services, justice and better welfare.

Sujata said he was sure that the Soeharto trial would take a very long time because at every step there would be obstacles, the first one being the defendant's health.

"The trial hasn't even yet got into substantial issues," said the man who started his career as a public prosecutor in 1964.

But he said that people should not demand too much. "Critics regretted that Soeharto is only being charged in relation to his role as the chairman of (seven tax-free charitable) foundations. But I think we should just accept the fact. The foundations' case is a piece of 'cake' we should consume now. Dealing with another case means another piece of cake.

"So prepare the piece of cake so that it can be eaten soon, meaning that everyone should try to solve the case soon," he said.

Sujata was enthusiastic when asked about the National Ombudsman Commission.

"We work very effectively," was his first comment, regarding the number of cases which had been handled. Data shows that until last July the commission has received 1,316 cases.

Out of them, 990 have been processed, "but so far responses (from the accused parties) are just about 10 percent. The process needs time," he said.

The commission's small office, located in the Graha Mustika Ratu building in South Jakarta, is always busy with people who have justice problems.

Some people, however, worry that the commission is a paper tiger with no powers of execution, but Sujata said: "There are no ombudsman commissions anywhere in the world that have the authority to do anything other than release recommendations."

Sujata said he was happier in his present position than working inside the (government) system like he was before. "I think I can do more when I am out of the system," he said.

He reacted briskly when was asked to comment on the opinion that many high-ranking New Order officials were now trying to clean themselves up by getting involved in institutions outside the system. "I don't feel that I have anything dirty in me that needs cleaning."

Asking what his ambitions were, Sujata said "I want to retire as commission chairman when I reach 60. I will then concentrate on writing."