Category Archives: corruption

Anwar’s last stand

As the Sodomy II trial of Anwar Ibrahim wraps up, Anwar made a stirring defense that both professed his innocence and lambasted procedural irregularities during the trial. Asia Sentinel has a summary of the defense and the main criticisms of the judiciary. I definitely recommend reading it for anybody interested in Malaysia and its struggle with the rule of law.

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Filed under Anwar Ibrahim, corruption, Malaysia

Indonesia updates

Two bits of news came out today that throw up further questions about Indonesia’s legal system. Over a year ago, I mentioned a case in which an Indonesian woman, Slamet Yuwono, was sued for defamation after she’d posted negative comments on Facebook. At the time, she had won on appeal. However, now the Supreme Court has found her guilty and sentenced her to six months imprisonment. According to an interview in The Jakarta Post, her lawyer claimed:

Making a comment is everybody’s right… If that kind of regulation is implemented, there would be many Indonesians in jail because of negative comments on sites such as Facebook and Twitter.

In other news, according to The Jakarta Post, President Yudhoyono issued a decree to temporarily suspend Imas Dianasari, judge allegedly caught accepting a bribe on June 30. Unilaterally suspending judges is, to say the least, an exceptional power, granted in response to concerns over the corruption in Indonesia’s judiciary. As far as I can recall, this is the first time under SBY’s administration Indonesia that the president suspended a judge (although I’m not sure on this point). It’ll be worth keeping an eye out to see how this power is used in the future.

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Filed under corruption, indonesia, libel

"Shedding Light on Burma’s Judicial System"

Htet Aung, a journalist for The Irrawaddy, has written a fascinating account of a recent case in Burma’s judicial system. Unlike most news articles about courts in Burma, the litigants in this case aren’t high-profile political dissidents but rather farmers and workers. Their only crime was to resist attack from workers whose boss had close connections with Burma’s economic and military elite. The article is striking in that it shows how corruption and cronyism in Burma have filtered down throughout the judicial system. Unfortunately, this is the type of judicial corruption that is particularly problematic to uproot.

Aung Thein, a public interest lawyer associated with the National League for Democracy, was particularly critical of the courts. Htet Aung writes:

President Thein Sein pledged in his first presidential speech that the new government must carry out “clean and good governance.” Asked whether a reform of the judiciary should be one of the first priorities of the new administration, Aung Thein said, “Handing out the maximum sentence is such an easy job. Even a court clerk can do that.”

That highlights a crucial difference between the “rule of law” and “law and order.” The latter simply concerns controling crime, whereas the former requires elites and government officials to subject themselves to the law.

I encourage you to read the entire article here. I hope Htet Aung and his colleagues at The Irrawaddy continue to publish articles like this one about the courts.

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Filed under Burma, corruption, judicial independence, Myanmar

More details about Indonesian judicial corruption scandal

The Jakarta Globe has more details about the corruption scandal involving Judge Syarifuddin Umar. The Bengkulu Legal Aid Office claims the judge took some Rp 5 billion ($585,000) while presiding over the graft trial of Bengkulu Governor Agusrin Najamuddin. Meanwhile, the Supreme Court announced that it would temporarily suspend Judge Syarifuddin Umar pending the investigation.

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Filed under corruption, indonesia, KPK

Indonesian judge arrested for corruption

Last night, Indonesia’s anti-corruption commission (KPK) arrested a bankruptcy court judge in the Central Jakarta Commercial Court on charges of corruption. He will be required to undergo judicial ethics training with the Judicial Commission. It’s unclear if this is part of a larger effort to crack down on judicial corruption or just an individual case. It was a particularly conspicuous case in that the judge had tens of thousands of dollars (in different currencies), but it’s certainly not the only case of judicial corruption. There are a few brief articles about the case in The Jakarta Post here, here, here, and here. Hopefully we’ll see on this case more soon.

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Filed under corruption, indonesia, KPK