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Indonesia's need for legal reform
By Sara Webb
Published in The Saudi Gazette on 11 - 11 - 2009

A huge scandal in Indonesia's police and attorney-general's office has led to mounting pressure for a thorough overhaul of the country's law enforcement agencies and appropriate punishment for the guilty.
A top police officer and the deputy attorney-general, suspected of plotting to undermine the respected Corruption Eradication Commission, or KPK, by framing two of its senior officials, have resigned from their jobs.
President Susilo Bambang Yudhoyono, who won a second, five-year term in July thanks partly to his commitment to reform and to fighting corruption, last week promised his government would focus on legal reform, crucial for tackling graft, attracting investment, and spurring economic growth.
Here are some questions and answers on legal reform:
How will the case against the kpk officials be resolved?
That's impossible to say at this stage.
Yudhoyono has appointed an independent team of respected legal and rights experts to investigate the case. However, he may have opened a Pandora's Box: he now has little control over how this plays out and whether other senior figures are implicated.
Public opinion is firmly behind the two KPK officials, and against the police, prosecutors, and businessmen suspected of being involved in the plot against them. There is a risk thousands will come out on the streets in protest if the case isn't resolved fairly.
What kind of legal reform is needed?
The KPK and the corruption court, set up specifically to investigate and prosecute corruption cases, are among the few law enforcement agencies and legal institutions with a good reputation and a strong track record.
While the KPK is hugely popular with the public – even more so in light of recent attempts to destroy it – it has also made enemies among Indonesia's powerful elite who are used to manipulating the legal system to their advantage. The manipulation is done mainly through what is known as the “legal mafia” - a network of corrupt lawyers, judges, prosecutors, police, and various fixers who are responsible for doling out bribes.
Is there a quick fix?
Yes, by setting an example and showing that no one is above the law. Or as one lawyer who handles cases in Indonesia puts it: “pick an oligarch or two and hang them out to dry, sending a clear message that things have changed, and be consistent.”
For foreigners, especially investors, the main concerns are over sanctity of contracts.
But for Indonesians, the concerns are more often to do with human rights, particularly for ordinary people who run up against powerful interests.
High profile cases include those of human rights activist Munir Thalib, who was poisoned, and a middle class woman, Prita Mulyasari, persecuted for making a legitimate consumer complaint.
What are the longer-term solutions?
u Go for a complete overhaul of the attorney-general's office and the police, replacing corrupt officials with qualified and respected outsiders, including academics and legal experts.
u Introduce a sensible pay and incentives structure, and make all transactions completely transparent to reduce the risk of corruption.
u Ensure accountability. The rich and powerful escape justice all too often, or get risible sentences, even in murder cases, serving short stints in comfy prison cells.
u The Prosperous Justice Party (PKS), an Islamist political party that takes a tough line on graft, has suggested use of the death penalty for the worst cases.
u Another idea would be for Indonesia's reformers to form a national league or network that cuts across political parties and pushes for institutional reforms.


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