[Photo: OC Kaligis, the accused in a suspected bribery case at the entering the Corruption Eradication Commission building to be interrogated in Jakarta, 15 July 2015.]
Jakarta – The Supreme Court and the Judicial Commission have been asked to undertake a stricter overseeing of the justice process in Indonesia.
Corruption Eradication Commission’s uncovering of a case involving bribery of a Medan judge by attorney OC Kaligis’s office has been proof that corruption in the justice system still exists.
Researcher at the Center for Indonesian Law and Policy Studies (PSHK), Miko Ginting, noted that corruption practices occur because there is not coordination of the supervision practices between the Judicial Commission, the Supreme Court, and professional attorney organizations.
The Judicial Commission has handed down a number of recommendations but there is not yet a response by the Supreme Court in terms of how to evaluate performance of judges who are presiding over trials.
“What happened in Medan is a warning, and needs to serve as an admonition to judges against dishonest efforts by the parties involved in cases. Their decisions need to be based on facts and the evidence presented during the trial. All sides need to be honest in the manner that they proceed over cases,” insisted Miko, Wednesday (15/7).
On a separate occasion, observer and critic of law proceedings at the University of Muhammadiyah, Choirul Huda, asked that supervision also being more strictly applied to the parties that are caught red-handed for offering bribes.
It is strongly suspected that bribes have already taken place in current cases being handled by the law office of OC Kaligis.
“The practice of bribery is a mental habit, an attitude. It is possible that the same practices were undertaken in other cases, and even more likely when the monetary value of the said case was enticing and hence the payback larger. The Supreme Court and the Judiciary Commission need to tighten up their supervision on the judges and the other aspects of the judiciary process,” insisted Choirul Huda.
As is already well-known, the office of OC Kaligis is currently handling the civil action suit, in the amount of US$ 125 million, or approximately IDR 1.6 trillion, against Jakarta Intercultural School (JIS). In this case, OC is representing TPW, one of the mother’s of a JIS student (MAK) who claims to have experienced sexual assault.
In this civil action case’s trial, many inconsistencies could be seen in the testimony of the witnesses. One of them being the written declaration by Dr Osmina of Pondok Indah Hospital that TPW had misused the doctor’s recommendations that were issued. The said recommendations for examination were to be used for insurance claims, but instead were entered as evidence in the sexual assault trial, despite the fact that, according to the doctor, they were made without any sort of examination of the alleged sexual assault victim, and hence were not valid.
The misuse of this letter from Pondok Indah Hospital was one of the major pieces of proof presented to the judge in the case that ended in a sentence of 7–8 years for five cleaning staff from the PT ISS, who were accused of sexually assaulting MAK.
JIS’s attorney Judiati Setyoningsih explained that Dr Osmina from Pondok Indah Hospital had already revoked the letter that was used as proof in the civil action case during the trial. The repeal of this letter by the doctor was conducted with an official letter to the judge. It was explained in this letter that the mother [of the alleged victim] had forced her to issue to the doctor report for reasons of insurance claim.
“And thus begs the question, how is it that proof in this case was fabricated? From many pieces of evidence that were presented during the trial, it can be determined that sodomy never occurred. We hope that the judge will look at the proof with clarity and carefully make a decision in this fantastical case,” explained Judiati yesterday.
The civil action case with a value of US$ 125 million, or IDR 1.6 trillion, will be determined in a decision announced on 30 July 2015.
Further news about OC Kaligis:
High Profile Lawyer, OC Kaligis detained by anti-corruption body
KPK names top lawyer Kaligis bribery suspect
This Odd World – Detained lawyer writes book on 10 wives