When judges insist they are only answerable to God

When judges insist they are only answerable to God

Kornelius Purba, The Jakarta Post, Jakarta

People in the rather slummy neighborhood units were a little
envious seeing Miswan opening an impressive, official-looking
envelope. They thought the security guard in a housing complex
near their area might have received another Rp 300,000 worth of
fuel compensation assistance from the government. He was the only
person to receive such a letter in this neighborhood.

Proudly he opened the envelope. He stared at the paper. It was
personally signed by the director general of taxation, Hadi
Purnomo. However, he could not understand Purnomo's message in
the letter. But then it was a letter from a senior government
official; it could be urgent.

Miswan ran to the housing complex. To his shock -- and perhaps
to the relief of his neighbors -- the neighborhood head told him
that the letter stated that the tax office considered that he
should pay tax and therefore he had been issued with his own NPWP
(Taxpayers Registration Number). It was part of the government's
efforts to net more potential taxpayers, he was told.

"My salary is only Rp 350,000 (US$35) per month. My wife's
salary as a house maid is also not much more than this. What tax
they can take from me?" the disappointed Miswan said on Tuesday.

Miswan, who has recently recovered from tuberculosis,
continued grumbling about the letter. Pointing to a newspaper
report, he said "If I were a security guard at the Supreme Court,
maybe Pak Hadi could tax me."

According to the newspapers, bribery practices are so rampant
at the Supreme Court that even security guards, drivers and
office boys there operate as "scalpers" to serve "justice
seekers" or those who do not want to lose a legal battle, or who
want to avoid jail, like Soeharto's half brother Probosutedjo.

Probosutedjo said he had spent Rp 6 billion (US$600,000) in
an effort to bribe Supreme Court Chief Bagir Manan to annul a
lower court decision sentencing him to two years jail. He also
claimed that he had bribed judges at the Jakarta High Court with
Rp 10 billion to reduce the verdict of a District Court from four
years to two years.

We do hope that Bagir is able to defend his honor, because
when the state's highest law enforcer is also a crook, what hope
does justice have in this country? Many people, however, would
hardly be surprised at Probosutedjo's confession. They know that
corruption is as rampant in the Supreme Court and at lower courts
as it is in any other government or state agency.

Although Bagir may be able to prove his innocence, the damage
has been done.

Corruption in the judiciary at all levels -- even in divorce
cases -- is totally out of control.

Just talk to judges in private, or to famous lawyers, their
stories will be totally different. The role of judges,
prosecutors and lawyers here is not like what we see in Western
television series, or the Chinese Judge Bao series. Several
lawyers reportedly boast about their ability to get their clients
off the hook; an ability determined not by their legal expertise
but by their ability to bribe judges, prosecutors and police.

The Supreme Court zealously rejects all attempts to control
it, citing such control as interference in their independence.
They are free from any public monitoring. The judges are free
from any obligation to be accountable, even though very few
people believe that they are honest.

Supreme Court officials can -- and often do -- swear in the
name of God that they are clean of corruption, but no-one
swallows that any more.

Because of the absence of any accountability mechanisms, there
is strong perception in our society that Indonesian judges are
directly responsible only to God.

Other high state institutions like the House of
Representatives (DPR), the Supreme Audit Agency (BPK) and the
Supreme Court (MA) are now busy attempting to deny -- and perhaps
also to cover up -- corruption accusations against their
officials.

But Miswan is smart enough not to accuse the directorate
general of Tax of wrongdoing, because he does not want to create
any new hardships for himself. But what about his dream to work
at the Supreme Court? Perhaps he could bribe someone to give him
a job there.

The writer can be reached at purba@thejakartapost.com