The Chief of the Constitutional Court

Last Tuesday, the Constitutional Court (MK) held a public session of the Judicial Review on the Corruption Eradication (KPK) Law No. 30/2002 Article 32 requested by suspended KPK Vice Chairmen Bibit Samad Rianto and Chandra Hamzah.

The session was very special because MK disclosed a six hours recording of phone conversation between those who were involved in the alleged conspiracy to criminalize the KPK.

After the session, President Susilo Bambang Yudoyono (SBY) ordered anyone whose names were mentioned in the said recording to step down from their official positions. As a result, Chief of Police Investigation Agency Com. Gen. Duadji & Vice Attorney General A.H Ritonga have stepped down from their offices.

The disclosure of above recording can only be carried out because of the persistent decision of MK's Chief Prof. Dr. Mahfud MD. and full support of all Constitutional Judges to preserve justice.

Considering the above, many people have been very grateful at Dr. Mahfud MD. This morning, I read an article about him on Kompas Newspaper in which he emphasized that MK will enforce Justice as a combination of written Law and Common Sense. Here is his brief biodata :
Professor Dr. H. Mohammad Mahfud Mahfuddin, SH.,SU., born in Sampang, Madura, East Java, 13 May 1957, married to Zaizatun Nihayati, SH. with three children.
He became Chief of the Constitutional Court on 1 May 2008. Before that he was the Minister of Defense (2000-2001), Minister of Law (2001), member of House of Representative (DPR) from the Nation Awakening Party (PKB). On top of that, he still teach at the Universitas Islam Indonesia (UII) Yogjakarta.

Considering the above and the fact that most of Indonesia's current leaders are getting very old, I believe that Prof. Dr. Mahfud MD.(52) can be considered as one of the potential top leaders in the future.

Photo: Coutesy of Wikipedia.

In the name of God

I believe that good people are those who always remember God in what ever they are doing.

However, in the last few months the news media have reported about some people who mentioned the name of God to justify their actions so as to make people believe in what they have said and done.

On 17 July 2009, two suicide bombers claimed to be acting in the name of God blasted themselves at two hotels in Jakarta i.e. J.W Marriot and Ritz-Carlton, killing nine innocent people and wounding more than fifty people.

Last Thursday and Friday, Chief of Police Investigation Agency Commissioner Gen. Susno Duadji who was suspended for his alleged involvement in the Corruption Eradication Commission (KPK) case, appeared before the House of Representative and swear to God that he never receive a Rp. 10 billion commission for helping businessman Budi Sampoerna to cash US$. 18 million from ailing Bank Century.

Similar statements mentioning the name of God have also been made by the recently resigned Vice Attorney General H.A Ritonga and former Deputy Intelligence of the Attorney General Wisnu Subroto in denying their involvement in similar KPK case.

For detailed media reports on the above, please click here, here, here, here.

The above shows that people, who ever they are and whatever their intentions are, tend to mention the name of God.

Public Officials' Honor

On April 1989, the Japanese Prime Minister Noboru Takeshia resigned because a member of his Liberal Democratic Party was involved in a corruption case.

On May 2007, the Japanese Minister of Agriculture, Forestry and Fishery Toshikatsi Matsuoka committed suicide because he was ashamed when the public questioned his corruptible policy.

The above two gentlemen were very good examples of public officials who are very dedicated and passionate therefore accountable in doing their jobs, that they cannot stand feeling guilty because they have not done their job properly and honestly.

For detailed media reports, please click here, here and here.

I wonder whether or not public officials in Indonesia would ever go as far as what their above counter parts in Japan have done. Frankly speaking, I don't know the answer.

KPK & the Police

In the last few weeks the Indonesian news media have been focusing on the conflict between the Corruption Eradication Commission (KPK) and the Police.

The conflict started when KPK investigated the flow of Rp. 6,7 Trillion from the state to help the ailing privately owned Bank Century on November 2008.

In order to provide a brief explanation on this matter, I need to quote an article in The Jakarta Post, as follows :

9 September: KPK announced that it is investigating the Chief of Police Detective General Susno Duadji for his involvement in the case.
15 September: the Police named KPK Vice Chairmen: Bibit Samad Rianto and Chandra Hamzah as suspects for abuse of power in imposing travel ban on businessman Anggoro Widjaya who was suspected of corruption.
28 September: Bibit & Chandra submitted a Police report against Gen. Susno for alleged abuse of power.
29 September: The Police named Antasari a suspect for violating the KPK ethics code in meeting with Anggoro who was a suspect.
2 October: Gen. Susno comes to the KPK headquarters to sooth relations between the two institutions.
5 October : The police investigated Gen. Susno for abuse of power.
6 October : President Susilo Bambang Yudhoyono (SBY) issued an emergency decree (Perpu) appointing Tumpak Hatorangan Panggabean as acting KPK chairman to replace Antasari, and Mas Achmad Santosa and Waluyo acting Vice Chairmen to replace Chandra and Bibit.
7 October : The police internal affairs division clears Gen. Susno of all charges.
26 October : Recordings of wiretapped conversations between Anggoro and his brother Anggodo with high-ranking prosecutors and police officers discussing in July a plot to frame KPK leaders is leaked to the media.
27 October : Acting KPK Chairman Tumpak confirms that the recordings exist.
29 October : The Constitutional Court allowed KPK to disclose the recordings and other supporting facts that may strengthen their authority to combat corruption on Nov. 3.
Soon after, the Police arrested Bibit and Chandra.

The Police arrest was strongly protested by various elements in society, including former president, former Chief of the Constitutional Court, Chairmen of two of the largest Muslim organizations Nadhatul Ulama and Muhamadiyah, et cetera.
Beside that, strong supports have also been shown in Facebook, whereby more than 630 thousand people have joined the Free Bibit-Chandra Movement.

In response to the strong public protests, SBY formed a special Fact Finding Team consisting of 8 prominent members of the society, including Adnan Buyung Nasution as Chairman, Todung Mulya Lubis, two of SBY's legal advisors Amir Syamsudin and Denny Indrajana.

On Tuesday morning the Constitutional Court held a session opened to public to listen to the wiretap recording. As a result, Anggodo was interrogated by the Police afterward.
And before midnight, the Police suspended the arrest of Bibit and Chandra and allow them to leave the Police jail.

Considering the fact that our society needs both the Police and KPK, I hope that this case will be processed thoroughly according to the laws so that the real truth shall be revealed.

Eradication of KPK

" Power Tends To Corrupt, Absolute Power Corrupts Absolutely " those were the words of British Historian Lord Acton, which implies that the leader of a country play a significant role in the fight against corruption.

That's probably what's in the minds of those who were concerned on the creation of a Grand Coalition that controlled more than 75% of the seats in the House of Representative (DPR) to support the government of President Susilo Bambang Yudoyono (SBY).

I tried to deny such allegation, not only because I voted for SBY and his Democrat Party during the last elections, but also because I thought Indonesia needs a very strong leadership fully supported by all political powers.
My reason was because SBY has shown his determination to fight corruption, which can be seen from his refusal to intervene in the indictment by Corruption Eradication Commission (KPK) against his son's father in law and the court verdict that sentenced him to prison.

But unfortunately, efforts to eradicate corruption seems to be still very far away from what I expected. Especially after two of KPK's Vice Chairmen i.e. Bibit Samad Rianto and Chandra Hamzah were charged by the Police for prohibiting two Corruption Suspects Djoko Tjandra and Anggoro Widjaja from going abroad. Doubts surmounted after both KPK officials were detained by the Police, one of the reason was that they have been giving press conference.
This Police action was strongly protested by many people who suspect efforts to make KPK criminals and demand the release of both gentlemen, which forced SBY to give press conference saying that he will not interfere the investigation, and tried to assure public that he will defend KPK.

Many public figures, including KPK leaders, former president Gus Dur, former Chief of the Constitutional Court Jimly Assidiquie and many others requested the release of both KPK leaders and gave their personal guarantee that they will not runaway. Beside that, supports for both KPK leaders are shown in the online networking media Facebook and Twitter.

For details, please click here, here, here, here, and here.

In spite of the above, I am not sure whether KPK is now in the process of eradication, but I know one thing for sure that this case has over shadowed (stopped?) KPK's investigation of the mysterious Rp 6.7 Trillion Bank Century case.

Avoiding Online Problems

Since the promulgation of the Electronic Information & Transaction (ITE) Law last year, anyone who are accused of Defaming other people through the Internet may be detained by the Police.

The most popular case being the Prita vs. Omni Hospital Case, whereby Prita was detained for three weeks by the Police for e-mailing her friends about the bad experiences she has had at the hospital.

Considering this fact, I would like to share with you about the articles that I have read in the newsletter of Bernstein Crisis Management which provide some tips to avoid legal problems in doing our online activities.
Happy reading.

When Wronged Or Defamed, Get An Immediate Correction
First in a three-part series
By Rene A. Henry

As long as I can remember I've always been told to never have an argument with someone who buys ink by the barrel. And for years, I've heard lawyers tell their clients that it is a waste of time to ask for a correction or apology from a newspaper or magazine as well as a radio or television station.

Now, because of the Internet, more than ever before it is more important to immediately correct any incorrect information that is published or broadcast. Once misinformation is published and republished, broadcast and re-broadcast, fiction quickly becomes fact. The longer the delay, the more the error will be repeated and republished on websites, blogs and in other media. With the Internet, in only a matter of seconds the reputation of an individual or company can be destroyed worldwide with the click of a computer key.

When wrong information is published or broadcast, contact the reporter or writer and ask for a correction or retraction. If you are not successful, speak to the editor or news director. The Internet is difficult to police and correct and too many individuals use it as a means to malign and defame others and then hide behind a veil of anonymity. When there is no resolve, hire a good First Amendment lawyer.

Harold Burson, founding chairman of Burson-Marsteller, one of the largest public relations firms in the world, notes that a negative article in a small newspaper or on one of the cable news programs that once reached an audience of a thousand readers or viewers, can easily become an audience of more than a million if posted on YouTube or Twitter.

"When posted on a mega-viewed website the negative message gains credibility," Burson says. "Being there implies a trusted third party endorsement; a respected outlet, in effect, vouched for the content." He adds that YouTube and Twitter are as easily accessed from Malaysia or Moscow as from Memphis or Manhattan.

"Thanks to modern technology, all a person needs to extract and use information from a false, archived article is a PC, Google, and a disposition to work someone else's old material into an article on the theory that if Big Media reported it five years ago without repercussions, it must be true," says John J. Walsh, senior counsel of Carter Ledyard and Milburn, New York.

Walsh says an injured party can ask for a correction, a retraction or an apology. "A correction by the publisher tells the public that a mistake was made and provides the correct facts," he says. "A retraction advises the public that specific statements are withdrawn, usually accompanied by an apology, or at least a statement of regret."

Professional Codes of Ethics

Most media organizations belong to professional organizations that have strong codes of ethics and almost all responsible media will correct or retract a factual error. Exceptions happen when lawyers threaten to sue for libel and where there are gray areas. The gray areas include a strong opinion or bias by the reporter or editor and this creates a disagreement and an interpretation between parties of what is wrong information.

"We will not knowingly publish anything that offends conventional rules of family-oriented decency or good taste, or anything that is defamatory," say Desmond Seales, publisher and editor-in-chief of Caribbean Net News. "This includes letters, commentaries and other opinion pieces."

Libel laws vary from state-to-state and country-to-country not only in time limitations but definition. In its Stylebook, The Associated Press says libel means injury to reputation. According to the AP, there is only one complete and unconditional defense to a civil action for libel: the facts stated are not probably true, but provably true. Unlike the U.S., where many jury awards are reduced or thrown out on appeal, libel is a very serious offense. In some countries it is a criminal offense where the writer can be sent to jail. Justice is swift in the United Kingdom and English-speaking Caribbean where courts have little tolerance for lawyers' delay tactics and judgments and awards are almost never appealed. Recently, criminal libel laws were in 17 states, Puerto Rico and the U.S. Virgin Islands. Some of the laws are now being challenged in state courts.

It's Never Too Late to Right A Wrong

While statutes of limitation on libel and defamation claims expire in most jurisdictions after one year, there should never be a time limit on righting a wrong.

"If individuals and companies believe they have been treated unfairly, they have a right to seek a correction and the journalist and the news organization has a responsibility to listen and try to resolve any differences," says Dr. Robert M. Steele, professor of journalism at DePauw University, Greencastle, Indiana. "Staff cutbacks in all media have reduced news gathering resources and regardless of an organization's institutional quality control, errors do happen. There is no foolproof system of checks and balances to catch many errors and this is compounded with deadline pressures.

"The debate between the offended party and the news organization can be more of a subjective issue of what and what is not true," Steele says. "A news organization has an obligation to be accessible, to hear and discuss concerns regarding any problems in the reporting process, and to correct a mistake regardless when it was reported." Steele not only is educating future journalists, but also teaches professionals at The Poynter Institute, St. Petersburg, Florida. [Most Media Will Admit Mistakes and Correct Them Promptly] The Society of Professional Journalists (SPJ) was founded in 1909 as Sigma Delta Chi fraternity and now has 9,000 members throughout the U.S. The organization's first code of ethics was borrowed from the American Society of Newspaper Editors in 1926. SPJ, which believes the duty of journalists is to serve the truth, wrote its own code in 1973.

"Correcting what is wrong is an open-ended concept. It doesn't include an expiration date," says Andy Schotz of Hagerstown, Maryland, chair of the SPJ's ethics committee. "Ideally and ethically, the correction should be run as soon as possible after the error is discovered or brought to the media outlet's attention," says Fred Brown of Aurora, Colorado, vice-chair of the committee.

The Radio and Television News Directors Association (RTNDA) is the world's largest professional organization exclusively serving the electronic news profession. It has more than 3,000 news directors, news associates, educators and students. RTNDA was founded in 1946 and established its code of ethics which was expanded in 2000 to include accountability. The organization is dedicated to setting standards for newsgathering and reporting in radio, television, cable and electronic media. Its first code of ethics and professional conduct has sections on public trust, truth, fairness, integrity, independence and accountability.

"Professional electronic journalists are accountable for their actions," says Barbara Cochran, president of RTNDA. "Whenever an error is made known to an organization it must be corrected. However, with the Internet, today it is almost impossible to correct and eradicate where an error might be published. Our members must operate as trustees of the public, seek the truth, report it fairly and with integrity and independence."

Next in this series: Be careful what you say, where you say it, how the Internet has defined Freedom of Speech, and differences in the way libel is treated.

Rene A. Henry is an author and columnist and lives in Seattle, Washington. His latest book, "Communicating In A Crisis," has a specific chapter on how to fight back and win. Many of his widely published commentaries are posted on his website, www.renehenry.com.

Higher Salary for the New Ministers

The new Cabinet Ministers are very lucky compared to ordinary citizens!

That's what I thought when I heard that the ministers, just inducted on 22 October, will get higher salary than their predecessors.

They are very lucky because the global economic & financial crisis has caused many business to stop their operations therefore making many people lost their jobs thus unable to provide financial support for their families. Large number of unemployed people has caused increased in crime rates

Further, those Ministers are also very lucky compared to the victims of the frequent natural disasters that have often struck our country recently.

For details, please click here, here, here and here.

Considering the above and the fact that those ministers will also get free housings, luxurious cars, first class traveling facilities, and many other benefits for very important persons, I wonder whether it is now the right time to increase their salary.

Photo: Courtesy of Kompas.