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101731
Fri, 01/22/2010 - 09:31
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News Focus: TASK FORCE NEEDS MORE POWER TO FIGHT JUDICIAL MAFIA
By Andi Abdussalam
Jakarta, Jan 21 (ANTARA) - The judicial mafia task force which was set up to fight irregularities in law enforcement in the country has not enough power to take legal actions and that so far it is not yet able to touch `malpractices` within the main legal institutions.
"The judicial mafia task force does not have enough power and boldness to touch the `hub` of the legal mafia within the main institutions," Executive Director of the Indonesian Legal Resources Center (ILRC) Uli Parulian Sihombing said.
According to Sihombing, the hub of judicial mafia is actually found in a number of state legal institutions. Instead of fighting it, these institutions even serve as a hub for the thriving of the court mafia. Thus, legal reforms will never be successful without eliminating the judicial mafia that grow within the ranks and files of law enforcers.
As an ad hoc body which is set up to `put in order` law enforcement in the country, the task force should have a strong authority and power to take legal actions against abuses committed by institutions. "Unluckily, the judicial mafia task force is not strong because it has no power to take a legal action," coordinator of the Indonesia Corruption Wach (ICW) Danang Widoyoko said.
He said that the measures to be taken by the task force which was set up based on a presidential decision would not be optimal because its authority was limited. Therefore, the anti-court mafia task force should be strengthened so that it could taken legal actions against all kinds of deviations committed by institutions.
Yet, head of the task force Kuntoro Mangkusubroto has pledged he would eradicate all "court mafia" members regardless of whether they are members of high ranking official families or common people.
"(I will) do it (eradicate the court mafia). I do not care who they are," the chief of the newly-established task force assigned to deal with the problem said.
He had discussed with Attorney General Hendarman Supandji about the need to make an MOU so that in case the task force has a problem later it can immediately get a direct backup from the attorney general`s office.
Kuntoro said the attorney general`s office would deal more with steps to cut the illegal practice as the task force`s functions are coordination, evaluation and monitoring.
But the ICW saw that the task force remained weak as it had now authority to take legal actions. After all, many cases are allegedly committed within the state`s law enforcing bodies.
The ICW coordinator said the task force should virtually give priority to fighting judicial mafia within the law enforcing bodies such as police and the prosecutor`s office.
More importantly is that the task force should be able to take follow-up measures on its findings. Unluckily, it has no authority for this matter.
As an example, Danang Widoyoko pointed to the task force`s recent surprise visit to the Pondok Bambu Women Jail in East Jakarta where it found deviations as certain moneyed inmates were provided with luxury rooms instead of cells.
The task force last week made an impromptu inspection at the Pondok Bambu Penitentiary for female prisoners in East Jakarta where they found a convicted businesswoman serving her jail term in a part of the building in luxurious comfort not enjoyed by prisoners in general.
Artalyta Suryani, who was sentenced to five years in 2008 for bribing a top prosecutor with US$660,000, was found to be enjoying privileges such as a luxury and karaoke room, spa treatment, air-conditioning and LCD television
The task force`s success to disclose the deviation is an achievement but what is more important is that its follow-up measures. "What follow-up steps are taken? The prison warden has really been replaced but it is not enough with that step only," he said.
He said that if there were no follow-up steps, the same thing would repeat itself in the coming several months, namely discriminatory treatment where certain prisoners would enjoy luxury facilities.
The same vice was also aired by former Supreme Court chief Bagir Manan. He said that ideally the task force should not seek violations only. "The task force is an ad hoc body formed to overcome prevailing problems," he said.
The judicial mafia task force is set up to keep law enforcement going on well, by eliminating legal `malpractices` that ruin justice and disrupt the law. "Not long ago, the task force made a surprise inspection in a number of penitentiaries and found several violations. Such an on the spot inspection could serve as a shock therapy," Bagir Manan said.
He said that the task force`s findings should actually be followed up immediately to overcome the problem. However, the task force should not only be able to find violations but also other realities being faced by the people in the field.
In the meantime, the ICW reported recently that in Makassar there was judge even acquit corrupters from all charges and freed them. "There is a judge in the Makassar district court found to have released 35 corruption case defendants," ICW deputy coordinator Emerson F Yuntho said.
He said the ICW reported the judge who was part of the 106 district, appeals and supreme court judges to the Judicial Commission. Some 100 judges of the 106 judges had acquitted corruption defendants while the six others only produced probation.
"The ICW submitted the documents to the Judicial Commission consisting reports, copies, list of judge names, defendants` cases, defendants` positions and the ruling year as well as denials of the ICW data from the Supreme Court," he said.
Jakarta, Jan 21 (ANTARA) - The judicial mafia task force which was set up to fight irregularities in law enforcement in the country has not enough power to take legal actions and that so far it is not yet able to touch `malpractices` within the main legal institutions.
"The judicial mafia task force does not have enough power and boldness to touch the `hub` of the legal mafia within the main institutions," Executive Director of the Indonesian Legal Resources Center (ILRC) Uli Parulian Sihombing said.
According to Sihombing, the hub of judicial mafia is actually found in a number of state legal institutions. Instead of fighting it, these institutions even serve as a hub for the thriving of the court mafia. Thus, legal reforms will never be successful without eliminating the judicial mafia that grow within the ranks and files of law enforcers.
As an ad hoc body which is set up to `put in order` law enforcement in the country, the task force should have a strong authority and power to take legal actions against abuses committed by institutions. "Unluckily, the judicial mafia task force is not strong because it has no power to take a legal action," coordinator of the Indonesia Corruption Wach (ICW) Danang Widoyoko said.
He said that the measures to be taken by the task force which was set up based on a presidential decision would not be optimal because its authority was limited. Therefore, the anti-court mafia task force should be strengthened so that it could taken legal actions against all kinds of deviations committed by institutions.
Yet, head of the task force Kuntoro Mangkusubroto has pledged he would eradicate all "court mafia" members regardless of whether they are members of high ranking official families or common people.
"(I will) do it (eradicate the court mafia). I do not care who they are," the chief of the newly-established task force assigned to deal with the problem said.
He had discussed with Attorney General Hendarman Supandji about the need to make an MOU so that in case the task force has a problem later it can immediately get a direct backup from the attorney general`s office.
Kuntoro said the attorney general`s office would deal more with steps to cut the illegal practice as the task force`s functions are coordination, evaluation and monitoring.
But the ICW saw that the task force remained weak as it had now authority to take legal actions. After all, many cases are allegedly committed within the state`s law enforcing bodies.
The ICW coordinator said the task force should virtually give priority to fighting judicial mafia within the law enforcing bodies such as police and the prosecutor`s office.
More importantly is that the task force should be able to take follow-up measures on its findings. Unluckily, it has no authority for this matter.
As an example, Danang Widoyoko pointed to the task force`s recent surprise visit to the Pondok Bambu Women Jail in East Jakarta where it found deviations as certain moneyed inmates were provided with luxury rooms instead of cells.
The task force last week made an impromptu inspection at the Pondok Bambu Penitentiary for female prisoners in East Jakarta where they found a convicted businesswoman serving her jail term in a part of the building in luxurious comfort not enjoyed by prisoners in general.
Artalyta Suryani, who was sentenced to five years in 2008 for bribing a top prosecutor with US$660,000, was found to be enjoying privileges such as a luxury and karaoke room, spa treatment, air-conditioning and LCD television
The task force`s success to disclose the deviation is an achievement but what is more important is that its follow-up measures. "What follow-up steps are taken? The prison warden has really been replaced but it is not enough with that step only," he said.
He said that if there were no follow-up steps, the same thing would repeat itself in the coming several months, namely discriminatory treatment where certain prisoners would enjoy luxury facilities.
The same vice was also aired by former Supreme Court chief Bagir Manan. He said that ideally the task force should not seek violations only. "The task force is an ad hoc body formed to overcome prevailing problems," he said.
The judicial mafia task force is set up to keep law enforcement going on well, by eliminating legal `malpractices` that ruin justice and disrupt the law. "Not long ago, the task force made a surprise inspection in a number of penitentiaries and found several violations. Such an on the spot inspection could serve as a shock therapy," Bagir Manan said.
He said that the task force`s findings should actually be followed up immediately to overcome the problem. However, the task force should not only be able to find violations but also other realities being faced by the people in the field.
In the meantime, the ICW reported recently that in Makassar there was judge even acquit corrupters from all charges and freed them. "There is a judge in the Makassar district court found to have released 35 corruption case defendants," ICW deputy coordinator Emerson F Yuntho said.
He said the ICW reported the judge who was part of the 106 district, appeals and supreme court judges to the Judicial Commission. Some 100 judges of the 106 judges had acquitted corruption defendants while the six others only produced probation.
"The ICW submitted the documents to the Judicial Commission consisting reports, copies, list of judge names, defendants` cases, defendants` positions and the ruling year as well as denials of the ICW data from the Supreme Court," he said.
