Bribery Allegedly Still Occurs at the Supreme Court

KOMPAS/TOTOK WIJAYANTO

Chairman of the Corruption Eradication Commission Firli Bahuri at the KPK Office, Jakarta, gave a statement to reporters regarding the alleged bribery in handling cases at the Supreme Court, on Friday (23/9/2022).

The Corruption Eradication Commission (KPK) is investigating those arrested in Semarang, Central Java, and Jakarta for alleged bribery in managing cases at the Supreme Court. Cash was confiscated during the sting operation.

JAKARTA, KOMPAS - Judicial bribery still occurs today as the Corruption Eradication Commission (KPK) recently arrested several people in Jakarta and Semarang, Central Java, for alleged corruption in the management of cases at the Supreme Court. There is room for corruption to occur at the Supreme Court since trials proceed behind closed-doors and there are monitoring issues, among others.

Concerning the sting operation that took place in Semarang and Jakarta on Wednesday (21/9/2022) night, the KPK arrested several people and confiscated cash in a foreign currency. As of Friday (23/9) at 3 a.m., the KPK has not yet announced the identities of those who were arrested.

Also read:

> Judicial Elegy

> Lukas Makes Transactions Through Gambling

KPK deputy chairman Nurul Ghufron said on Thursday (22/9) that the string operation was related to allegations of graft, bribery and illegal levies in the management of cases at the Supreme Court. He regretted that law enforcers are still involved in bribery.

“This means that the judicial and legal systems, which should rely on evidence, still rely on money. Law enforcers, who are expected to be pillars of justice for the nation, trade the law for money,” said Ghufron.

He hopes that every law enforcement institution strengthens its personal commitments and governance to uphold the dignity of being a pillar of justice, where the people depend on and hope for justice.

Hence, to ensure the truth, the Supreme Court is waiting for an official explanation from the KPK.

He revealed that the KPK previously implemented integrity building within the Supreme Court, for both judges and structural officials, in hopes that there would be no more corruption in the Supreme Court.

When confirmed, Supreme Court spokesman Andi Samsan Nganro admitted that he had not received any official information. Hence, to ensure the truth, the Supreme Court is waiting for an official explanation from the KPK.

MARINA EKATARI

The Corruption Eradication Commission (KPK) named 10 suspects in the bribery case in the Supreme Court, on Friday (23/9/2022).

In Malang, East Java, Coordinating Political, Legal and Security Affairs Mahfud MD admitted that he did not know whether it was Supreme Court justices or employees that were arrested by the KPK. However, he stressed that those arrested must undergo the legal process. Mahfud also felt that the KPK should look into law enforcement officers.

“However, the KPK still needs to be professional and not just look for reasons. If they use any reason to have people prosecuted legally, it would be unhealthy for legal development. It can also deter economic development as well,” he said.

Still an issue

This is not the first time allegations of corruption in the management of cases in the Supreme Court were made. In 2005, Supreme Court employee Pono Waluyo and his friend were arrested by the KPK for their involvement in a bribery case.

Following that, head of the Supreme Court’s subdirectorate of civil cassation, Andri Tristano Sutrisno, was involved in a corruption case in 2016. Then, former Supreme Court secretary Nurhadi received gratuities related to his treatment of cases that involved bribery, gratification and money laundering.

Indonesia also ranked 68th out of the 139 countries studied. In the absence of a corruption indicator, the judiciary sub-indicator has the second lowest value of 0.33, just slightly higher than the legislature score of 0.28.

The World Justice Project, Rule of Law Index 2021 showed that corruption in the judicial sector is still an issue. Indonesia scored 0.52 on this index, where on a scale of 0-1, a score closer to 1 is better. Indonesia also ranked 68th out of the 139 countries studied. In the absence of a corruption indicator, the judiciary sub-indicator has the second lowest value of 0.33, just slightly higher than the legislature score of 0.28.

According to Transparency International Indonesia researcher Alvin Nicole, corruption in the management of cases at the court of cassation or even in judicial reviews is increasingly widespread.

“This trend occurs because the Supreme Court is making greater use of cassations. In fact, it’s as if the Supreme Court is acting as a fact checker, which is actually the authority of the lower courts. As a result, decisions in courts of first instance, appeals and judicial reviews are often inconsistent,” he said.

The implication of this, he added, is that more graft cases are being filed at cassation courts. Many litigants then expect unpredictable changes in decisions, creating new loopholes for corruption to occur.

Additionally, Alvin is also of the opinion that the closed-door trials in the Supreme Court are a matter of concern. Thus far, courts of first instance and courts of appeal are quite transparent as they are accessible through e-Court. However, court proceedings at the Supreme Court tend to be closed, including judicial-review cases.

Internal and external supervision is also still lacking. Alvin assessed that in terms of internal supervision, the Supreme Court Supervisory Agency has too short of a range, despite the fact that the agency has to oversee thousands of judges and courts across 917 work units throughout the country.

KOMPAS/WAWAN H PRABOWO (WAK)

Former Secretary of the Supreme Court (MA) Nurhadi leaves the Corruption Eradication Commission (KPK) building, Kuningan, Jakarta, after undergoing an examination, on Wednesday (17/6/2020).

At the same time, external supervision is also inadequate. There are judges who are involved in corruption and have been reported to the Judicial Commission. However, the reports were never followed up by significant sanctions.

Former Supreme Court justice Gayus T. Lumbuun questioned the performance of the Supreme Court’s young guidance head as many incidents have occurred in the judiciary. He emphasized that there is the Supreme Court Chief Justice’s edict No. 1/KMA/IX/2017, which regulates the inherent and tiered supervision of the judicial apparatus.

“It stipulates that when a judicial officer violates the law, the sanctions are tiered,” he said.

According to Gayus, regarding this incident, the young coaching head as well as other Supreme Court leaders should be held responsible and not be exempted from investigation. “I hope that tuada bin [the young guidance head] will also be investigated. What does he do? What form does it take?” he inquired.

(This article was translated by Kesya Adhalia)