Category Archives: indonesia

April 3, 2012 · 14:42

Defending the faith

The Jakarta Post reported about a case in which a civil servant working with the Dharmasraya Regency Bappeda is on trial for expressing atheist views. The government is prosecuting him under the criminal code and Information Transaction Law for creating a Facebook group Minang Atheists. Moreover, the Constitution only guarantees religious freedom to the extent that individuals believe in a God.

Activists are worried that that the case has already gone too far. Sudarto, the director of the Center for Interfaith Community (Pusaka), argued:

The charges of blasphemy that brought against Alexander are based on ‘rubber articles.’ Their argument, which is exaggerated, is a failure of the Muslim community and our government to take care of other more important things.

Indeed, this is definitely selective prosecution at its worst. Alexander is already claiming he’ll convert back to Islam, but such a conversion sadly would be under duress.

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Filed under indonesia, Islam, religion

March 29, 2012 · 16:20

Spilling the beans in Indonesia

A new The Jakarta Post op-ed by Indonesian lawyer and legal reform advocate Frans H. Winarta highlights an under appreciated problem in Indonesia’s legal system: breaches of client confidentiality. Winarta cites examples of lawyers revealing information about their clients on talk shows or interviews, as well as lawyers who testify against former clients! Of course, such revelations damages the bond of trust between lawyer and client and makes effective legal representation more difficult.

Winarta suspects many lawyers believe they are helping law enforcement by informing the public about corruption suspects. Of course, this is a dilemma every law student faces – how to defend a client whom you think is guilty. In my law school days, professors advised simply not asking the client directly about his guilt, and rather focusing on matters that would help in his defense. Also, as Winarta points out, the state appoints lawyers who can focus on proving the defendant’s guilt.

However, I’m less convinced this is simply due to lack of education in legal ethics. Given the stigma attached to corruption in modern Indonesia, I wouldn’t be surprised if these lawyers might be scared that associating too closely with their defendants might damage their career. Being defense counsel in a tough case is seldom a glorious job, even in the U.S. where being a prosecutor is often seen as more prestigious and a pathway up the legal hierarchy. It might make sense for bar associations to ensure some rotation so that lawyers work on both defense and prosecution. The lawyers I’ve met who have worked on both sides seem to better appreciate the value of a zealous defense attorney in the pursuit of justice.

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Filed under ethics, indonesia, legal profession

March 23, 2012 · 15:15

The MK lends an assist

A few weeks ago I posted a news article in which Indonesia’s Supreme Court and KPK agreed on a corruption case – no small news. Now, the Constitutional Case has supported the Supreme Court’s decision in another corruption case – this time dismissing a challenge against the constitutionality of the prosecutor’s appeal when a corruption defendant was acquitted. Read more in The Jakarta Post.

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Filed under corruption, indonesia, Mahkamah Konstitusi, Supreme Court

March 8, 2012 · 02:13

Supreme Court and KPK: together again

Indonesia’s Supreme Court and the Anti-Corruption Commission haven’t always seen eye-to-eye. However, the KPK recently won a victory when the Supreme Court convicted Bekasi Mayor Mochtar Mohammad to six years in prison and fined him Rp 300 million for graft. Mochtar had been the first defendant in the corruption court system ever acquitted. According to The Jakarta Post, last November the Bandung Corruption Court in West Java acquitted Mochtar. However, suspicions were raised because one of the corruption court judges, Ramlan Comel, was himself sentenced to two years in jail for corruption. The Supreme Court’s decision restores the KPK’s 100% conviction rate.

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Filed under corruption, indonesia, Supreme Court

February 9, 2012 · 18:44

A new man for Indonesia’s Supreme Court?

Indonesia’s Supreme Court voted for a new chief justice, and for one some observers seem hopeful. Chief Justice Hatta Ali, formerly a deputy chief justice, won a clear majority of the 54 votes (28, compared to 15 for the next highest vote earner).

Usually, legal analysts point to the Supreme Court as an exemplar the problems with Indonesia’s legal system. However, The Jakarta Globe sounds optimistic in its assessment. Chief Justice Hatta Ali has already pledged to improve judicial quality through training courses during his first 100 days, as well as to address the notorious backlog.

Indra, a DPR MP who sits on Commission III (legal affairs), suggested Chief Justice Hatta Ali look to the Constitutional Court as a model for speeding up case processing. However, the Supreme Court’s backlog is an order of magnitude larger than the Constitutional Court’s (22,000 vs. just over 100 last time I checked). Moreover, the Constitutional Court’s jurisdiction is limited and it can always dismiss cases for lack of standing, whereas the Supreme Court has general jurisdiction. As such, while I certainly wish Chief Justice Hatta Ali good luck, I don’t yet see a viable plan to bring the docket under control.

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Filed under Hatta Ali, indonesia, Supreme Court