Heru Andriyanto – The full extent of an ingrained culture of graft in the judicial system has come to light after police officers, prosecutors and a defense lawyer have been arrested for allegedly taking bribes from rogue tax official Gayus Tambunan.

This comes in addition to the reported admission by the presiding judge in the case that he took Rp 50 million ($5,500) to rule in Gayus's favor.

The Judicial Commission said over the weekend it would consider pressing charges against judge Muhtadi Asnun. Muhtadi, who is head of the Tangerang District Court, has denied allegations that he also accepted additional payments of $40,000 and 650,000 Singapore dollars ($473,000).

"Our powers are limited to the judges' code of conduct, but if we find proof of criminal behavior, such as bribery, we will report Muhtadi to the police," commission member Sukotjo Suparto told the Jakarta Globe.

"We questioned Muhtadi based on information from the police, with whom we agreed on terms of cooperation. Now we have a chance to put that agreement into action."

Sukotjo said the commission would make a final decision after questioning two other judges in the case, Haran Tarigan and Bambang Widyatmoko, scheduled for today.

The three judges remain the only party in the case not punished or charged with a crime. Police have arrested several of their own officers and one of Gayus's lawyers and declared them as suspects, while the Attorney General's Office has dismissed two veteran prosecutors who tried the case.

The furor is centered around Rp 28 billion that Gayus, a middle-ranking tax official, had amassed in his bank accounts.

Despite being acquitted of the initial embezzlement charge due to insufficient evidence, Gayus is now being prosecuted for money-laundering and corruption.

In a hearing on Thursday, Supreme Court Chief Justice Harifin Tumpa said he saw nothing wrong in the Tangerang judges' March verdict to acquit Gayus on charges that he had embezzled Rp 370 million from a businessman seeking his assistance in paying taxes.

Gayus had argued that the businessman should have filed his tax return in person but never showed up, thus leaving the money in Gayus's account. None of the witnesses in the trial were even aware of the funds, thus leaving the judges no choice but to acquit Gayus, Harifin said.

"The only disturbing fact was that the Rp 28 billion didn't show up in the prosecutors' dossier," he said, referring to the total amount in Gayus's accounts.

Critics say the case is symptomatic of the deep-rooted culture of corruption within the judiciary, and should be used as a starting point from which to clean out the system.

"Because this case involves law enforcement officers, the only agency strong enough and independent enough to follow through is the Corruption Eradication Commission [KPK]," said Andri Gunawan, secretary general of nongovernmental group Indonesian Judicial Watch Society (Mappi).

The Supreme Court has not taken any action against the three Tangerang judges. The police, meanwhile, have named several officers as suspects in the case and have arrested defense counsel Haposan Hutagalung on embezzlement and perjury charges.

Haposan is alleged to have concocted an alibi about the money and paid off the police and prosecutors. Critics have called for the Indonesian Bar Association to punish Haposan, but the association says it is unsure if he is a member.

Jack Sidabutar, chairman of the association's ethics council, said the maximum punishment it could issue would be to disbar Haposan. "But we'd need a court ruling to do that," he added.

The AGO, meanwhile, claims it has dismissed prosecutors Cirus Sinaga and Poltak Manullang for omitting the money laundering and corruption charges. The two, however, will remain in their positions pending a court ruling.

Poltak was recently named district attorney in Maluku, while Cirus, recently promoted to deputy head of the Central Java district attorney's office, is still on the job. "Between the lawyer suspected of channeling the bribes, and the judge who admitted to taking Rp 50 million, there are prosecutors and police officers," Andri said.

"The way the legal system is set up, it is very difficult to believe that no one in between took anything. The police have named their suspects and suspended a general, but the AGO seems to be shielding its own."

Short of an intervention by the KPK, Andri said the follow-up for the Gayus case could once again go to the AGO. Heru Andriyanto