Sunday, December 20, 2009
In Indonesia, Middlemen Mold Outcome of Justice Getting Cases Dropped for the Right Price By NORIMITSU ONISHI Posters at Indonesia’s Judicial Commission urged people to report corrupt judges. A postal worker dropped an envelope reporting wrongdoing to the government and marked with the message “Crush the mafia.” The Supreme Court has mostly ignored the commission on judges suspected of corruption. (Kemal Jufri/Imaji, for The New York Times) JAKARTA, Indonesia --They have long worked illegally in the shadows of Indonesia’s police stations, attorney general’s office and courts, the common link in what is called Indonesia’s “judicial mafia.” Called “markuses,” they are middlemen who can persuade corrupt police officers, prosecutors and judges to drop a case against a client for the right amount of money. The markuses gained national attention last month after they were featured prominently in wiretaps involving a long-running battle between the nation’s law enforcement agencies and anticorruption officials. With that leap into unaccustomed and unwanted prominence, they were transformed overnight into symbols of this country’s broken justice system. President Susilo Bambang Yudhoyono said that he would make eradicating the judicial mafia of markuses and corrupt officials a priority of his second term. Indonesians, who in the past were aware only dimly, if at all, of the markuses, are now urged to report wrongdoing to the government by mailing in envelopes marked with the message “Ganyang mafia,” or just “Crush the mafia.” But lawyers, officials and watchdog groups warn that uprooting the so-called judicial mafia will require an overhaul of the country’s law enforcement and justice systems. They say that Mr. Yudhoyono, who shies away from confrontation, is unlikely to push through changes inside the nation’s powerful police force, attorney general’s office and courts, institutions that are considered among Indonesia’s most corrupt. Most experts agree that it will take years, or even decades, to reform the criminal justice system in Indonesia, which is ranked as one of the world’s most corrupt countries by Transparency International, a Berlin-based anticorruption organization. The 32-year rule of President Suharto, which ended just a decade ago, left behind law enforcement agencies that perpetuate graft, the experts say. Kuntoro Mangkusubroto, the leader of a new presidential task force to reform the justice system, said Indonesia’s criminal justice system was fertile ground for middlemen representing moneyed clients. “We want to have a system that is fair for everybody, not dependent on whether he or she has power or money,” Mr. Mangkusubroto said in an interview, adding that cleaning up the current system would take years. Last month, wiretapped conversations revealed a plot by a prominent businessman, along with police officials and prosecutors, to fabricate a case against officials at the Corruption Eradication Commission, the nation’s chief anticorruption agency. The people heard in the wiretaps spoke of bribing key officials by handing out cash through a network of middlemen. What shocked most Indonesians was not the brazenness of the speakers but the fact that the practices mentioned in the wiretaps seemed routine. By contrast, Indonesians without money have seemed increasingly at the mercy of a legal system that metes out severe punishment for seemingly harmless offenses. “There is no normative standard of punishment in this country,” said Adnan Buyung Nasution, 75, one of Indonesia’s most prominent lawyers. “The punishment is very heavy in some cases, very light in others. That’s why people are disgusted at the justice system.” The investigation, prosecution and judgment of a particular case follow rules dictated less by the law than by the free market of the middlemen. “It depends on how much money you have,” said Mr. Nasution, who recently led a presidential advisory group that recommended far-reaching changes in the country’s law enforcement agencies. He added: “Each stage — the police, the attorney general’s office, the courts — has its markuses. But there are markuses that are so dominant, they can arrange everything in one package.” In dealing with the police, the markuses — who are typically relatives of police officials, lawyers, journalists or anyone with contacts in law enforcement agencies — bribe police officials on behalf of a client in trouble with the law. With money, they persuade the police to change evidence or drop a case, according to watchdog groups, police officials and lawyers. Because the money is usually distributed to the officer’s supervisors, police officers with a good nose for potentially lucrative cases tend to rise quickly in the force, said Neta Pane, executive director of Indonesia Police Watch, a private group. Mr. Pane said that police officers had a strong incentive to engage in corrupt practices from the very beginning of their careers. To get into the national police force, applicants must pay bribes, which here in the capital range from $6,000 to $9,000, he said. Typically, the applicants are in a hurry to repay the sum, which they have borrowed and cannot repay on a low-ranking officer’s monthly salary of $100. “The system requires corruption to survive,” Mr. Pane said. Aryanto Sutadi, 58, a retired official who ran the national police’s legal division until last month, estimated that 25 percent of police officers bent the law to earn extra income. But Mr. Sutadi estimated that 90 percent of police officers accepted some form of “gifts.” “If someone is satisfied with the service he has received and gives gifts to show his gratitude, that is not considered bad,” Mr. Sutadi said. Accepting gifts is an illegal, though commonly accepted, practice among police officers, prosecutors and judges. In fact, many people draw an ethical line between those who actively seek bribes and those who passively accept gifts. Markuses also hand out gifts on behalf of a client or a lawyer. “That’s our culture,” said Otto C. Kaligis, a prominent lawyer whose office walls are adorned with photographs of him standing next to Suharto and President Obama.. “Then it’s O.K. No problem if the clients, as a sign of gratitude, are willing to give.” But Mr. Kaligis said a lawyer unwilling to give gifts to judges would not win many cases. “When, for instance, as a lawyer you open a law firm and then you lose 40 percent, then you are not marketable,” he said. So far, attempts to reform or monitor the police, prosecutors and judges have been largely cosmetic, experts say. Created in 2005 to oversee the nation’s judges, the Judicial Commission recently moved into a gleaming, six-story building with the capacity to house a staff far larger than the commission’s 200 employees. Inside, the commission’s posters display mafia-like judges wielding guns and holding stacks of money. The posters urge people to report corrupt judges, saying, “Don’t let them kill justice.” Since its founding, the commission has received 6,555 complaints about judges, said Busyro Muqoddas, the commission’s chairman, adding that Indonesia had 6,900 judges. But with limited powers of investigation and no authority to summon judges for interrogation, the commission has been able to recommend sanctions against only 39 judges suspected of corruption. Indonesia’s Supreme Court, which oversees the conduct of all the nation’s courts, has mostly ignored the commission’s recommendations, choosing instead to protect colleagues, Mr. Muqoddas said. Of the 39 judges suspected of corruption, only 2 have been fired, for accepting bribes. A bill to strengthen the commission’s powers sits in the Parliament, Mr. Muqoddas said, but he added that he held little hope for its passage. Parliament, ranked as the country’s most corrupt institution by Transparency International, recently announced a list of 55 priority bills it planned to take up next year. “We weren’t on the list,” Mr. Muqoddas said. http://www.nytimes.com/2009/12/20/world/asia/20indo.html Copyright 2009 The New York Times Company
