President is Disappointed, What Next?

President Joko “Jokowi” Widodo is disappointed because the efforts to eradicate corruption have frequently failed in the judiciary, the authority guaranteed by independence.

KOMPAS/RONY ARIYANTO NUGROHO

Supreme Court Justice Sudrajad Dimyati wearing an orange vest is taken to a prisoner's car after undergoing an examination at the Corruption Eradication Commission (KPK), Jakarta, Friday (23/9/2022).

That the President was disappointment was revealed by Coordinating Political, Legal and Security Affairs Minister Mahfud M.D. (Kompas, 27/9/2022). The public has widely expressed a litany of disappointment with corruption. Now, even the President is disappointed.

A Kompas Research and Development survey held on Monday, 19 Sept. 2022, revealed that widespread corruption could threaten democracy. Some 43.2 percent of the respondents described corruption as hampering democracy, in addition to being the cause of economic deterioration (21.8 percent), unequal treatment before the law (21.5 percent) and human rights violations (7 percent).

President Jokowi has ordered the coordinating legal affairs minister to conduct legal reform. Mahfud said the executive could not intervene with the judiciary. Judicial independence is being used as an excuse by judges to place themselves beyond supervision. Absolute authority holds the potential for corruption. A number of judges have avoided monitoring by hiding behind their independent judicial authority.

Also read:

> Overcoming Legal Civilization Emergency

> KPK Finds Indications of Bribery for Other Cases

Theoretically, the excuse of judicial independence is correct. However, empirical reality shows that uncontrolled judicial authority has produced Constitutional Court chairman Akil Mochtar, Constitutional Court justice Patrialis Akbar and Supreme Court justice Sudrajad Dimyati, who were all involved in corruption.

Empirical reality at least conveys the message that the judiciary can be apolitical, but it cannot be free from the power of money. The verdicts judges have passed are not for the sake of justice, but rather for the sake of money. It has often been joked that wani piro (how much will you pay), transactional decisions, and “granted” or “rejected” have their price.

BIRO PERS SEKRETARIAT PRESIDEN - LAILY RACHEV

President Joko Widodo gave a statement to the press according to his review of the asphalt factory at PT Wika Bitumen, Buton Regency, Southeast Sulawesi Province, Tuesday (27/9/2022).

The public is waiting for the government to undertake legal reform. Legal reform depends on the political elite as well as the executive, legislative and judicial institutions. They are waiting to see what legal reform will look like. We hope that the President, as the head of government and the head of state, will keep reminding officials and society of the great danger of the corruption virus.

The President can issue a regulation in lieu of law (Perppu) to enforce the Asset Confiscation Law. The substance of the Perppu can also include stipulations that corruption convicts are not eligible for remission, and that every official who is named as a suspect in a corruption case is to be immediately and dishonorably dismissed.

Also read:

> Bribery Allegedly Still Occurs at the Supreme Court

> Safeguarding the Last Bastion

As the head of state, the President can call on all high-ranking legal officials, the Supreme Court chair, the Constitutional Court chair, the National Police chief, the Corruption Eradication Commission (KPK) chair, the Indonesian Ombudsman chair, the Financial Transaction Analysis and Reporting Center (PPATK) head, and leaders of advocacy organizations to jointly express their concern over corruption.

The commitment against the threat of corruption is uneven, so the prosecutors’ demands for maximum punishment have often failed at judicial institutions and corruptors have received “discounts” from the Law and Human Rights Ministry.

This article was translated by Aris Prawira.