Trifling with the law

Trifling with the law

The surprising Supreme Court decision on Monday to exonerate
businessman Hutomo Mandala Putra, the youngest son of former
president Soeharto, of corruption charges has exposed the
idiosyncrasies of the Indonesian legal system once again.

This time, however, the ruling has not only touched the
public's sense of justice, but it has also left the strong
impression that the Supreme Court, as the highest dispenser of
justice in this country, is trifling with the law.

As we can recall, it was the Supreme Court that in September
last year reversed the lower court's earlier decision to drop all
corruption charges against Tommy, as the 39-year old billionaire
is popularly called. The Supreme Court then sentenced Tommy to 18
months imprisonment for his role in a US$11 million land scam
involving one of his many companies, PT Goro Batara Sakti.

We can also recall that it was this very same Supreme Court
that a month later recommended to then president Abdurrahman
Wahid to turn down Tommy's request for a pardon. The very act of
seeking a presidential pardon in itself was an admission of
guilt, and presumably the very last avenue for a legal reprieve.

So when Tommy's lawyers applied for a review of the case with
this very same Supreme Court in October 2000, after his request
for a presidential pardon had already been refused, the most
sensible course of action for the Supreme Court would have been
to reject it out of hand. Instead, the court decided to review
the case, ignoring the fact that Tommy had admitted his guilt.

On Monday, the Supreme Court dropped the biggest bombshell on
the nation's long and hard campaign to reform the legal system
and strengthen the court's image: Tommy was not guilty after all.

An ironic twist to this episode of course is that Tommy, who
has been a fugitive since November 2000, is the prime suspect of
the murder in July of Justice Syafiuddin Kartasasmita, the judge
who sentenced Tommy to 18 months imprisonment two years ago. One
is left to wonder what really went on in the minds of
Syafiuddin's colleagues in the Supreme Court when they reversed
his decision and acquitted Tommy of corruption charges this week.

Without going into the question of whether Tommy is guilty or
not -- something for judges to decide -- the latest ruling has
destroyed what little credibility was left on what is supposed to
be the last bastion of justice in this country.

So much has been said about the legal system's failure to
defend and protect the rights of the poor and marginalized and
its tendency to side with the powerful or moneyed. Tommy's ruling
has only further strengthened that reputation.

The worst part is that the Supreme Court is now seen as
trifling with the law that it is supposed to administer. No
wonder why more and more people, including foreigners and
investors, are losing their trust in the country's courts and
legal system. If you can't trust the law, then where do people in
this country turn to for justice? The answer is very scary.