Urip Hudiono, Jakarta – Corruption remains widespread among lawyers, judges and police in Indonesia despite the government's attempts to crack down on the country's long-suffered graft issues, according to a report by Transparency International.
In the 2007 Global Corruption Report released by the Berlin-based watchdog last week, Indonesia is among other countries with high levels of bribe payments. Five out of 10 respondents said they had resorted to such practices. TI Indonesia chairman Todung Mulya Lubis said during the launch of the report here Thursday more than a half of Indonesians surveyed said their legal system was corrupt.
"This shows justice is not available for those seeking it, but a commodity for those willing and able to pay," Todung said.
He said the situation was worse when those seeking justice were the poor.
The report said at least one out of 10 respondents across the 25 countries surveyed said they had to pay bribes to gain access to the court system.
The report includes TI's 2006 Global Corruption Barometer, which showed this practice occurring in one third of the 62 countries surveyed.
TI chairwoman Huguette Labelle said rampant corruption in judicial systems worldwide could erode their functionality as pillars of democracy.
The report includes a thorough analysis of corruption in legal systems using study cases in 37 countries including Indonesia.
It was noted more than half the people waiting trial did not exercise their right for bail or for their own lawyer due to poor access to information or to the court's systems. TI's report does not include an index or ranking of corruption in judicial systems worldwide.
In TI's annual indicator of corruption in general, the Corruption Perception Index, Indonesia was ranked 130 out of 163 countries in 2006, and 137 out of 159 countries in 2005.
TI Indonesia has recommended the Judicial Commission's authority be strengthened, particularly in the selection of judges.
The commission should be across supervision and salary recommendations for judges to ensure public participation in keeping the court system transparent and accountable, Todung said.
"The Commission will of course continue to face many problems in selecting people really committed to justice... but it is crucial... to keep the courts independent," Todung said.
The Judicial Commission was formed under law in 2004. It was last year involved in a row with the Supreme Court over the selection of its supreme judges.
TI Indonesia also suggested the ad-hoc Court for Corruption Cases be strengthened, particularly as it had succeeded in quickly processing 29 cases within the two years since 2005. TI Indonesia said all the defendants received fair trials and sentences that adhered to a system of public justice.
This compares to 203 similar cases processed in district courts, in which 72 of the defendants were absolved and the rest were handed lenient sentences.
The ad-hoc court, which employs lawyers and advocates as lay judges, has its legal basis under the Corruption Eradication Commission (KPK) Law. "We expect the ad-hoc graft court can be established under its own law to become a permanent court," Todung said.