The Judicial Mafia Taskforce says the lack of protection for whistle-blowers involved in cases they expose, is one core problem perpetuating rampant corruption across the country.
“The lack of whistle-blower protection is a fundamental loophole in our legal system,” Kuntoro Mangkusubroto, the chairman of the taskforce, said Monday during a discussion at the Indonesian Financial Transaction Reports and Analysis Center in Jakarta.
Other “core problems” cited by Kuntoro included weak supervision of law enforcement agencies, weak human resource management, a lack of leaders with integrity and capability in the agencies, the excessive authority of the agencies and a lack of remuneration.
The discussion was held to coincide with the launching of a book published by the taskforce titled Mafia Hukum: Modus Operandi, Akar Permasalahan dan Strategi Penanggulangan (Judicial Mafia: Modus Operandi, Root of the Problem and Eradication Strategies) and the taskforce’s new website www.satgas-pmh.go.id.
A legislator from the Great Indonesia Movement Party (Gerindra), Martin Hutabarat, said the arrest of Comr. Gen. Susno Duaji showed the current witnesses, victims and whistle-blowers law needed revision.
Susno was the first to publicize the Gayus Tambunan tax case, the investigation for which was ongoing during his tenure as National Police chief detective. He was deactivated from that post in late 2009, and exposed the case in early 2010.
Susno was officially arrested on May 11 by the National Police in connection with a different case, for allegedly accepting a bribe of Rp 500 million (US$55,000) from graft suspect Sjahril Djohan to “settle” a fraud case at a Riau-based arowana fish-breeding company, PT. Salmah Arowana Lestari.
A law expert from Transparency International Indonesia, Teten Masduki, said the current law failed to motivate “peripheral actors” to expose corruption they were involved in. He suggested law enforcement agencies provide incentives for whistle-blowers involved in cases.
“The Corruption Eradication Commission [KPK], for instance, should grant immunity to a whistle-blower,” he said.
He criticized the current corruption law, which he said “trapped” both bribers and officials who accepted bribes. The bribes were extorted by officials threatening to hold information or services necessary to bribers’ businesses or other interests.
Teten said the country needed harsher punishment for corruptors and not only ill-gotten assets should be seized but all of their property.
The taskforce announced Monday it was currently focusing on four institutional improvement programs: the internal and external supervision of law enforcement agency empowerment, tax court reform, the whistle-blowers protection implementation plan and the retrospective accountability implementation plan through income and asset declaration.
The taskforce reported that since its establishment in December 2009, it had received 1,678 public reports, 658 of which have been reviewed. (rdf)
Modus operandi of judicial corruption
• The provision of expensive gifts to law enforcement officers or sponsoring certain events for law enforcement agencies to establish a “good relationship”.
• The police ask for transport or other expenses from people involved in a case.
• The manipulation of prosecutor or judge placements.
• The manipulation of charges.
• Bribing witnesses and judges to manipulate evidence and questioning.
• Bribing judges to change the status of individuals facing charges, for instance, from a suspect to a witness.
• Bribing judges to delay or facilitate the arrests.
• Bribing judges to ensure favorable verdicts.
• Bribing prison officials to ensure special facilities for certain prisoners.
• The extortion of inmates relatives to ensure more comfortable visiting environments.
