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Indonesia urgently needs legal reform
By Sara Webb
Published in The Saudi Gazette on 24 - 11 - 2009

Indonesia's president said his government would tackle legal reform, crucial to curbing graft, attracting investment, and lifting growth, after a huge scandal involving police and state prosecutors sparked a public outcry.
A top police officer and the deputy attorney-general, suspected of plotting to undermine the popular Corruption Eradication Commission (KPK) by framing two of its senior officials, temporarily resigned from their jobs. President Susilo Bambang Yudhoyono appointed Kuntoro Mangkusubroto, a respected technocrat who heads a special presidential “West Wing”, to take charge of co-ordinating legal reform, although so far few details have emerged:
How will the case against the
kpk officials be resolved?
An independent team of experts appointed by the president to investigate the case said there was not enough evidence for the police to charge the two men with bribery and abuse of power. It said the case should be dropped and those involved in fabricating evidence should be sanctioned. But the police seem determined to pursue the case and have said they will look for more evidence against the two men.
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 is not seen to be resolved fairly.
What kind of legal reform is
needed?
The team of experts recommended sweeping reform of the police and attorney-general's office, two institutions that are widely regarded as corrupt. By contrast, 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 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.
How do the elite manipulate the system?
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.
As part of their defence, the KPK officials handed over taped telephone conversations between several such players, confirming what many Indonesians have suspected all along about the system. The nation was gripped by the explosive material in the tapes.
How long would it take for
reforms to have an impact?
Adnan Buyung Nasution, head of the investigating team, told Reuters that a complete legal overhaul could take 10-20 years, but that Indonesia could successfully follow Hong Kong's example in eradicating corruption.
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, who has been persecuted for making a legitimate consumer complaint.
What are the longer-term solutions?
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.
Introduce a sensible pay and incentives structure, and make all transactions transparent to reduce the risk of corruption. Ensure accountability. The rich and powerful escape justice all too often, or get risible sentences, even in murder cases, serving short stints in comfortable prison cells.
Some, including legal reformer Nasution and the Prosperous Justice Party, an Islamist political party that is tough on graft, favor use of the death penalty for the worst cases.
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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