Ulma Haryanto & Zaky Pawas, Jakarta – Discrepancies in the sentencing of defendants in two recent cases involving a loss of life have raised questions regarding the sense of justice among the nation's judges.

On Monday, the South Jakarta District Court sentenced four men to eight years in jail for their role in a brawl at the Blowfish nightclub that killed two people.

Meanwhile, three defendants charged with criminal negligence that caused the deaths of four people and injured 13 others were given a one year probation by the Central Jakarta District Court. Their negligence had caused a building extension at the Metro Tanah Abang mall to collapse.

"In Indonesia there is no standard punishment for a crime. Although we have a set law, bartering and negotiating punishment are still very common," said Nurkholis Hidayat, director of the Jakarta Legal Aid Foundation (LBH).

The possibility of negotiating a punishment automatically places those who are defenseless, such as the poor, in the most powerless position, he said.

The family members of the workers killed and injured in the Tanah Abang incident were all from a low socioeconomic bracket. Judges said the families were satisfied by the fact that the defendants had pleaded guilty and that compensation had been paid.

"[The defendants] also presented statements to the court from survivors and family members of the victims indicating that they had made peace with one another," said Judge Dehel Sandah last week as he read out the verdict for the case.

Criminologist Mohammad Irvan Olii said the harshness of a penalty depends mainly on the prosecutors, who can be easily influenced by one of the affected parties. "Judges can only sentence someone based on the prosecution's advice. They cannot give a sentence that is heavier than requested," he said.

In the case of Blowfish, a high-end nightclub, the incident may have caused the club to lose business or profit and therefore "put greater pressure on the prosecution to appease these parties, unlike in the case of Tanah Abang."

In a separate case, motorcycle taxi driver Suprihatin, 27, was sentenced to four years in jail and fined Rp 800 million ($88,800) by the East Jakarta court for the possession of a mere 0.06 grams of marijuana.

The severity of his sentence compared to that handed down in the Tanah Abang case highlights the discrepancy in sentencing that has been criticized by observers.

Another unduly heavy penalty was requested in the case of Rasimah, an illiterate 55-year-old woman who allegedly stole six plates and 1.5 kilograms of ox tail, an ingredient used to make a traditional soup. Prosecutors at a Tangerang district court recently sought a five month jail term for her crimes.

Ganda Upaya, a sociologist from the University of Indonesia, said that justice in court trials often depends on the socioeconomic status of the actors involved.

He commented that Suprihatin received a heavier sentence for his crime than a corruptor who had caused billions of rupiah of state loss is likely to have received. "In this country, the law is only enforced for those who have the capital," he said.