November 6, 2024
JAKARTA – Despite the widely vaunted reforms made to the judiciary after the fall of New Order in 1998, profound doubts remain about whether the state is fulfilling its constitutional mandate to uphold justice for all.
Indonesians tend to believe the country’s judicial system remains as corrupt as it was and that justice is awarded to the highest bidder.
Sadly, this pessimism has been reinforced by recent events. The Attorney General’s Office (AGO) has in the past weeks arrested a former Supreme Court official, three judges of the Surabaya District Court, a son of a former lawmaker and that son’s lawyer for allegedly trafficking in acquittals.
In July, the three judges found Gregorius Ronald Tannur not guilty of murdering his girlfriend, a verdict that state prosecutors believe was the result of bribery.
Ronald’s lawyer, Lisa Rahmat, has been accused of not only bribing the judges in the case, Erintuah Damanik, Mangapul and Heru Hanindyo, but also of offering bribes of some Rp 5 billion (US$317,000) to Supreme Court justices hearing state prosecutors’ challenge to Ronald’s exoneration. The Supreme Court overturned his acquittal on Oct. 22, finding the defendant guilty and sentencing him to five years in prison.
A search conducted on the home of former Supreme Court official Zarof Ricar in Senayan, Jakarta, found nearly Rp 1 trillion in cash and 51 kilograms of gold bars in a safe. He is the former head of research, development and training for law and the judiciary and the secretary of the Directorate General of the General Judiciary at the Supreme Court.
Zarof, who served in the positions from 2012 to 2022, may have gained a lot from his alleged business as a middleman between judges and those seeking to sidestep justice if the investigators confirm the assets are related to the case.
And Ronald could be just one of the many clients Zarof helped, just as Zarof would by no means be the only player in the game.
In December 2021, the Supreme Court found its former secretary Nurhadi Abdurrachman guilty of accepting bribes and gratuities in exchange for arranging favorable verdicts. In June, the Jakarta High Court upheld a Central Jakarta Court verdict that found another former Supreme Court secretary, Hasbi Hasan, guilty of the same crime.
Corruption appears to be deeply rooted in the judiciary, given the conviction of former Supreme Court justices Sudrajad Dimyati and Gazalba Saleh for accepting bribes from parties in legal cases they adjudicated. They were the first two active justices ever arrested by law enforcement for bribery.
All these cases could be just the tip of the iceberg, considering the stagnated internal reforms in the courts. Many, including judges, have taken reforms to mean pay rises, which they claim will prevent judges from accepting bribes.
Better remuneration is not the remedy, at least not a sufficient one. Thousands of judges held a national strike in early October to demand better wages, among others reforms, and then witnessed a crackdown on the so-called “court mafia” that led to the arrest of Surabaya District Court judges.
Transparency is the first challenge the judiciary must address if it hopes to make any progress. The Supreme Court has introduced electronic court filing services, but that is far from enough.
The court must make important internal information publicly available, including the selection and appointment of judges, financial disclosures and court statistics. District courts must also be required to publish their decisions, which will improve compliance with rulings and increase consistency in judicial decision-making.
Public participation is also key to building a credible judiciary. Scrutiny of justice candidates’ track records will ensure figures with proven integrity sit on the Supreme Court.
The recent change of guard at the Supreme Court is the right opportunity for reforms that we have long needed. Justice for all, and nothing less, should be our end.