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