It is natural if there are protests and critical questions from the public about the legal justice in this country. Where is the principle of equality before the law as stipulated in the text of the constitution?
By
KOMPAS EDITOR
·3 minutes read
Kompas/Heru Sri Kumoro
Pinangki Sirna Malasari answers questions from the public prosecutor during his trial as a defendant at the Corruption Court, Jakarta, Wednesday (6/1/2021).
The special treatment given to Attorney General Office (AGO) prosecutor Pinangki Sirna Malasari has demonstrated how the law is enforced in this country. The principle of legal justice has been ridiculed.
There is nothing wrong if the public has the perception that Pinangki was given special treatment. In terms of employment status, Pinangki is an ordinary official. However, she had extraordinary access and activities.
As a prosecutor not in charge of the execution of cases, she had the freedom to meet fugitive Joko Soegiarto Tjandra. Pinangki even took a picture with Joko Tjandra at his apartment in Kuala Lumpur. The photo went viral on social media. She allegedly reported her meeting to her superior.
Joko Tjandra was later arrested in Kuala Lumpur by a team led by the head of the National Police’s Criminal Investigation Department—now the national police chief—General (Pol) Listyo Sigit Prabowo. A number of high-ranking police officers later became suspects. Pinangki was examined, arrested and charged by the prosecutor\'s office.
Pinangki was declared a suspect. She was tried and charged with four years’ imprisonment. But the panel of judges sentenced her to 10 years in prison, far higher than the prosecutor’s demand. However, in the appeals court, the panel of judges gave a 60 percent sentence reduction to four years in prison. The prosecutor did not appeal. The decision has permanent legal force.
Kompas/Wawan H Prabowo
Pinangki Sirna Malasari talks with her lawyer while undergoing a follow-up trial at the Corruption Court (Tipikor) at the Central Jakarta District Court, Monday (30/11/2020).
The prosecutor did not immediately execute the sentence. Pinangki remained in custody at the prosecutor\'s office. It was only after being questioned by the public that the prosecutor\'s office later moved Pinangki to the Tangerang Penitentiary. The Central Jakarta District Attorney Office said the delay in execution was only due to technical matters.
It was different, for example, with AGO prosecutor Urip Tri Gunawan, who played a role in the Arthalita Suryani bribery case several years ago. He was sentenced to 20 years without a sentence reduction, except for remission.
What Pinangki, along with other law enforcers, advocates and members of the National Police had done, undermined the prestige of the Indonesian state of law. Law enforcers could freely meet state fugitives. In fact, the fugitive could go back and forth to Indonesia with the help of other law enforcers to take care of his request for judicial review (PK). The photos were also shared on social media. It is a slap in the face.
At the trial, Pinangki kept silent on who was the "king maker" behind the “operation” to free Joko Tjandra. It was the practice of the judicial mafia, which could involve a number of top legal officials in this country. The buying and selling of cases is suspected to have been rooted in the New Order.
The mafia practice has always been denied. However, in reality, it exists. The Pinangki case was an opportunity for President Joko “Jokowi” Widodo’s government to uncover the judicial mafia practice in the country. It is a shame indeed that the opportunity has passed and the players remain safe.
On the other hand, the panel of judges continues to provide sentence reductions for case players and corruption perpetrators. Joko Tjandra\'s sentence was also reduced on appeal. With such a state of affairs, it is natural if there are protests and critical questions from the public about the legal justice in this country. Where is the principle of equality before the law as stipulated in the text of the constitution?
This article was translated by Hendarsyah Tarmizi.
