Jakarta – The naming of the Chief of South Jakarta District Court Muhammad Arif Nuryanta as a corruption suspect is a slap in the face for our judicial system. Arif is alleged to have taken a bribe of Rp60 billion from attorneys for three major palm oil corporations embroiled in a crude palm oil export case: Wilmar Group, Permata Hijau Group and Musim Mas Group.

Arif did not keep all of these ill-gotten gains for himself. Some of the money, Rp22.5 billion, was shared between three members of the judges panel: Agam Syarif Baharuddin, Ali Muhtarom and Djuyamto. According to prosecutors, the aim of the bribe was to ensure that the judges agreed to acquit the three companies of all charges. A clerk, two attorneys and a senior company official have also been named suspects in relation to this collusion.

This case adds to the long list of judicial corruption that has been exposed. Last October, three judges were arrested because they acquitted the murderers of Gregorius Ronald Tannur. According to the Indonesia Corruption Watch, from 2011 to 2023, 26 judges were involved in corruption cases. They received more than Rp107 billion. And these are only the cases that have come to light.

These facts show that corruption in our court system has turned into a "mafia" network. Bribery in legal cases is not something that happens sporadically, but is consistent in a way that shows that the system is rotten. The internal oversight mechanism is ineffective. And there are plenty of opportunities for abuse in the recruitment, promotion and professional development systems.

The eradication of the "judicial mafia" requires two simultaneous approaches. The first is strategic measures in the form of comprehensive reforms. This should begin with the recruitment and promotion of judges being based on integrity and track record rather than collegiality or seniority. Transparency and digitalization of the judicial process must be expanded, from the records of trials to the publication of rulings.

Secondly, a tactical approach is needed through resolute and comprehensive legal action. There needs to be more sting operations to dismantle the judicial mafia, rather than simply detentions of individuals. And there should be routine audits of abnormal verdicts. Regular rotation of clerks and judges, especially in areas rife with corruption, should be implemented systematically.

The Supreme Court also should provide more opportunities for external and public oversight. The Judicial Commission needs to be given more authority than simply recommending ethical sanctions. Institutions for receiving public complaints, such as the Indonesian Ombudsman, need to be strengthened and protected from government intervention. The same is true for civil organizations monitoring the judicial system. Without strong internal and external oversight, the campaign for a "clean judiciary" will be nothing more than empty words.

In short, we cannot hope that the law will be enforced if judges can be bought. What is needed is not empty slogans, but real action. Consistent. Without compromise. The legal system must be cleaned up from top to bottom. Without total reforms, our judicial system will lose its moral legitimacy. Without clean courts, our democracy will be nothing more than procedure, a shell without a soul.

– Read the complete story in Tempo English Magazine

Source: https://en.tempo.co/read/2000618/empty-promises-of-a-clean-judiciar