The Dirty Candidate Judge

I always think that Judges of the Courts of Law are high quality people who would always think, talk and act fairly, wisely and extra careful based on the Laws, Tradition and Moral Standard.

These requirements are very important so that Court Judges can be expected to pass fair and non-biased verdicts.
For that reason, the recruitment and selection of new Court Judges should always be doe extra careful by a team of high quality and reliable public figures. 

Unfortunately, the above mentioned requirements seemed to be difficult for certain Candidate Judges to fulfil,

The Jakarta Globe reported that during a fit and proper test of new Supreme Court Judges by the national Parliament on Monday 14 January, a Candidate Judge i.e. Daming Sunusi, gave a very shocking and insensitive statement when he was asked about Death Penalty for Rapist.

Daming Sunusi, a senior Judge with the High Court of South Kalimantan, said :
“Both the rapist and the victim enjoy it. So, [we] have to think again about death sentence.”

This crazy comment caused mixed reaction among members of Parliament, some of them think that it is a joke, others protested. However, in the end the members of Parliament urged that Daming Sunusi should not be selected.

I hope that the Parliament would reject Daming Sunisi, and the Supreme Court would reconsider his eligibility and qualification as a High Court Judge.

Are We Serious in Fighting Illegal Drugs ?

I always think that the circulation of Illegal Drugs in Indonesia has reached a very dangerous level, that our country has been dubbed by some news media as a haven for illegal drugs.

Those who have members of families and/or friends who are Drug Addicts/Junkies would know for sure that they would would do anything to satisfy their needs for illegal drugs, including lie, steal or even kill.

For that reason I always hope that the Courts of Justice in Indonesia would pass heavy punishments to anyone involved in the trade of illegal drugs as stipulated  by the Anti Narcotics Law No 22/1997 Article 80 i.e maximum Death Sentence, and the Anti Psychoactive Drugs Law No. 5/1997 Article 60 i.e maximum sentence of up to 15 years in prison. Please read here for details.

Unfortunately, the facts show that the above laws have not been implemented properly. Those who were involved in Illegal Drug trades have been punished lighter than they supposed to be.

For example, last Friday President Susilo Yudoyono (SBY) granted Clemency to an Indonesian drug trafficker that has been sentenced to death by the District Court of Tangerang, Banten, the High Court and the Supreme Court. And last May, President SBY trimmed five years off Australian drug convict Schapelle Corby's 2 years prison sentence. Please read here for details.

Earlier this year, the Supreme Court revoked the punishment of an Illegal Drug Lord i.e. Hengky Gunawan, from Death Sentence into a 15 years Prison Sentence. Please read here for details.

The saddest thing is that the above lightening of punishments were done based on the reason to upheld human rights of those Drug Traders/Dealers. I wonder whether the human rights of the Drug Addicts/Junkies and their families and friends have been forgotten.

The Supreme Court's Gift to Prita

Prita Mulyasari, mother of two toddlers, was detained by the Police for three weeks last year because she sent e-mail to her friends complaining about the sub-standard service provided to her by OMNI International Hospital in Tangerang, Banten province.

Prita was then named Defendant in both Civil and Criminal cases of Defamation brought by the hospital and its doctors.

In the Criminal case, the Tangerang District Court acquitted Prita of all charges, however, the Prosecutors filed an Appeal with the Banten High Court.

Whereas in the Civil case the said Court, and afterward the High Court fined her Rp 204 million in damage.

And last Friday, the Supreme Court passed a verdict for the Civil case and decided that Prita should not pay the fine.

I hope that for the Criminal case, the Supreme Court would also pass a verdict that would be favorable for Prita and free her from all charges.

For details, please read the following articles :

-  Prita Mulyasari and "That" Defamation Judgment ... (Rob Baiton)
-  Victory: Supreme Court Wipes Prita Mulyasari's Fine for Alleged Defamation (The Jakarta Globe)

Photo :  Courtesy of Suara Merdeka.

Parking Companies Responsible for Vechicles

The Supreme Court has just passed a verdict ruling that vehicle parking companies should be fully responsible for any cars and or motorcycles that is stolen in the building or compound of parking that it managed.

This decision is very fair, because until now such parking companies charged cars/motorcycles with hourly parking rate only for the rental of parking space, but refuse to take responsibility for partial or total loss of car/motorcycle.

However, the Association of Shopping Center is not happy with this verdict, saying that the parking companies only provide parking spaces and do its best to prevent any stolen vehicles but cannot be asked to be responsible for them.

In connection with this verdict, the government of Jakarta plan to amend its by-law regarding Parking, among others by requiring parking companies to get insurance protection for all the vichicles parking in their area.

Related articles :
-  Putusan MA: Parkir Wajib Ganti Kendaraan Hilang! (JakartaPress)
-  Putusan MA Jadi Bahan Revisi Peda Parkir DKI (Detik)
-  Asosiasi Pusat Belanja Nilai Putusan MA Aneh (Detik)

Lawyers' Protest Against the Supreme Court

Last Wednesday, one hundred lawyers of the Congress of Indonesian Advocates (KAI) held a violent protest at the Supreme Court in Jakarta.

The protest was sparked by a statement by the Chief of the Supreme Court Harifin A. Tumpa on 24 June which only recognized the Association of Indonesian Advocates (Peradi) as the only Bar Association in Indonesia, thereby causing uncertainty on the legitimacy of lawyer licenses issued by other lawyer/ advocate organizations in Indonesia.

The lawyers came at around 10 a.m to meet Harifin, but was denied by the Court's officers who shut all  entrance gates. Angered by this bad reception, the lawyers forcefully opened the gate and made their way inside the Court lobby, shouting and bring down the photo of Harifin from the wall and kicked it..

The lawyers calmed down after Harifin and other Supreme Judges finally agreed to meet them. According to the Chairman of KAI Indra Sainun Lubis, the Supreme Court shall revise its decision within one week.He also warned that if the Court failed to do that 3,000 lawyers will demonstrate.

On the next day, the Court has submitted an official report with the Police, alleging that the lawyers have damaged the Court's gate, cracking glass window, bringing down and kicking the photo of the Court's Chief and defaming that the Court's Judge has received bribe from Peradi. .

Considering that lawyers are citizens who have been granted license to practice laws in the courts of law, therefore deemed to be more knowledgeable about the laws and regulations, the above incident is a tragedy. I hope this case would be settled amicably but properly based on the laws and regulations in Indonesia.

Sources for this post :
-  Ratusan Advokat KAI Demo MA (Hukumonline) 
-  Protes MA, Aksi Para Advokat Berlangsung Ricuh (Tempo) 
-  Demo Advokat di Gedung MA Ricuh (VivaNews)
-  MA Janji Revisi SK dalam 1 Minggu, Pengacara Bubarkan Diri (Detik)
-  MA Laporkan Insiden Demo KAI ke Polisi (Hukumonline)

Prita's Fight for Freedom

On 13 May, Prita Mulyasari (32), mother of a baby & infant, was arrested by the Banten Police on charges of Defamation against the Omni International Hospital in Tangerang, Banten.

Many people thought that the arrest was unnecessary because Prita only sent e-mails to her relatives, co-workers and friends complaining about the poor services she received from the hospital. The protests spread very rapidly and forced the Police to release her on 3 June. Afterward, the Tangerang District Court dismissed the criminal prosecution last July. But somehow, the District Attorney submitted a new prosecution against Prita.

Meanwhile, the hospital's Civil lawsuit was accepted by the Tangerang District Court ordering Prita to pay compensation amounting to 300 million Rupiah to the hospital. Later, the Banten High Court confirmed this verdict but lowered the compensation amount to 204 million Rupiah.

Further, Prita rejected the hospital's offer to cancel the lawsuit if Prita make a written apology to them. This is obvious because if she apologize it would surely mean that she has been wrong.
Instead, Prita decided to fight the verdict by filing an appeal with the Supreme Court.

The above courts' verdicts were protested by many people not only because they thought that they were unfair, but also because they were passed at a time when many injustice occurred, for example people who were allegedly involved in conspiracy against the leaders of the Corruption Eradication Commission (KPK) still remain untouched by the law.

People in many parts of Indonesia are now making efforts to help Prita fight for her freedom. Many of them have been collecting large amount of coins. While members of the Regional Representative Council (DPD) have donated 50 million Rupiah to Prita.

For details on the above, please click here, here, here, here, here and here.

Considering the above, I hope that the honorable Supreme Judges at the Supreme Court would carefully use their thoughts, feelings, sights, sense in examining Prita's case, not merely based on legal aspects but other aspects as well. That way justice shall prevail.

The Supreme Court Bans National Exam

On 24 November, the Supreme Court announced a verdict which rules that the government cannot administer National Schools Examination anymore unless the quality of education has been improved.

The verdict, passed on 24 September, instructed the government to improve teaching standards and school facilities, as well as to provide all students nationwide with equal and full access to information, before it could conduct national exams.

The case itself began in 2007 when a group of students' parents filed a lawsuit with the District Court of Central Jakarta requesting for the prohibition of national examinations at Junior and Senior High Schools.
The lawsuit accused the state of denying the students the right to an education because they were unable to attend university after failing the national exam. It also said the exam was unfair because education standards were not uniform across the country. Besides, although the students study 13 subjects in all, only three of them — Mathematics, Indonesian and English — are tested during the exam.

For detailed media reports, please click here and here.

I hope that the Supreme Court's verdict would persuade the government, especially the Department of Education, to make its best efforts improve the education system in Indonesia.

Bambang-Halimah failed to Divorce

The Supreme Court has confirmed the verdict of the Religious High Court of Jakarta which rejected the Divorce of the son of late President Soeharto: Bambang Trihatmodjo from Halimah Kamil.

The Supreme Court's verdict was passed on 4 August 2009 and announced on 28 September 2009. As a consequence, Bambang and Halimah will remain legitimate husband and wife according to the Marriage Law No. 1/1974.

It all started on 7 July 2000 when Bambang secretly married Singer Mayangsari based on the SIRI Islamic way, without permission from Halimah whom he married on 24 October 1981, therefore contradictory to the Marriage Law.

This marriage was kept secret from public until 30 March 2006 when Mayangsari gave birth to a baby girl Khirani Siti Hartina.

On May 2007, Bambang filed a Lawsuit with the Religious Court of Central Jakarta to request for Divorce from Halimah, and on 16 January 2008 the Court granted the Divorce.
Unsatisfied with the Court's Verdict, Halimah filed an Appeal with the Religious High Court of Jakarta which decided on 8 October 2008 to reject the Religious Court's verdict, therefore declaring the marriage still exists.

With this Supreme Court's verdict, Bambang is only legally married to Halimah. Whereas Bambang's marriage to Mayangsari will remain illegitimate and so will the status of their daughter who only has legal relationship with Mayasari and cannot inherit from Bambang.

Nevertheless, Bambang still has a chance to get the Divorce i.e. by requesting the Supreme Court to review its verdict, for which purpose he should submit within 180 days after the date of verdict, and must have new evidence to back up the request.

For detailed media reports regarding the above, please click here, here, here, here and here.

It would be very interesting to know about the next step that will be advised by Bambang's attorney Juan Felix Tampubolon on this case.

Ex-Governor of Bank Indonesia Jailed

On Tuesday, 16 June, Ex-Governor of Bank Indonesia (BI) Sahril Sabirin was sent to the Cipinang Penitentiary, East Jakarta, to serve his two years sentence passed by the Supreme Court in its Judicial Review for his role in the now defunct Bank Bali credit scandal case in 1999.

According to The Jakarta Globe, Sahril (65) was disappointed with this verdict considering that earlier the Supreme Court has confirmed the verdict of the Jakarta High Court that freed him of charges made by the Prosecutors. However, he said that as a law abiding citizen, he would serve the sentence.

Another Defendant in the same case, businessman Djoko Tjandra, failed to appear to serve his sentence, therefore the Attorney General Office will serve him a second summons. More details about Djoko Tjandra shall be discussed in a separate post.

Sahril Sabirin is the second ex-Governor of BI jailed after his successor Burhanuddin Abdullah was sentenced to 8 years imprisonment last year for a different corruption case.

Detik reported that earlier Sahril was sentenced by the District Court of Central Jakarta to 3 years imprisonment, but was later freed by the Appellate Court (High Court), and by the Cassation Court (Supreme Court).
Due to these facts, the Prosecutors have requested the Supreme Court to conduct Judicial Review. According to Sahril’s lawyer M. Assegaf the verdict is contradictory to the Criminal Procedural Law (KUHAP) Article 263 which stated that a Judicial Review should be submitted by a Defendant. Although the Justice Law stipulated that a Judicial Review can be requested by any parties concerned, the Constitutional Court has decided 'the parties concerned' should be interpreted as the Defendant and its heirs. Due to this controversy, Sahril and his lawyer are planning to challenge said Supreme Court's verdict.

I hope that the further processing of this case would be carried out smoothly according to the valid laws, and would not be politized by Candidates who are running for the Presidential Election on 8 July 2009.

The Aquittal of Time Magazine

“Justice has prevailed!” That’s what I thought when I read the news last Thursday, 16 April, about our Supreme Court's verdict which accepted the Judicial Review requested by attorneys of Time Magazine, clearing all Defamation charges brought by the family of late former President Soeharto.

According to The Jakarta Post, the Supreme Court overturned its own verdict passed on August 2007, which required Time to pay US$ 106 Million Compensation for Damage to the Soeharto family. As the grounds for the verdict, Supreme Court Justice Hatta Ali said that Time "did not violate the law or breach ethical standards”.

The legal case started when Time (Asia) published in its 14 May 1999 edition an article tiled: “ Soeharto Inc., How Indonesia’s Longtime Boss Built a Family Fortune ”, which reported that Soeharto collected US$ 15 billion during 32 years in power, and transferred US$ 9 Billion from a bank in Swiss to a bank in Austria. Annoyed, Soeharto, through his team of attorneys led by Juan Felix Tampubolon, filed a Defamation Lawsuit demanding US$ 17.18 Billion compensation plus legal expenses. At the Court of First Instance and Court of Appeal Soeharto lose, but won the Cassation at the Supreme Court, due to which fact, Time has requested for the above Judicial Review.

Viva News reported according to their attorney Mohammad Assegaf, the Soeharto family has accepted the Supreme Court’s verdict.

Meanwhile, the Chairman of the Indonesian Alliance of Journalists (AJI) Nezar Patria said that AJI is grateful that the Supreme Court has adopted the Press Law and the Journalistic in handling this case.

I hope that the above verdict of the Supreme Court would be followed as Jurisprudence by other court judges in handling similar cases related to the news media.