TEMPO.CO, Jakarta - The case of Nurhadi is a sign that dark clouds still hang over our courts. The secretary of the Supreme Court is not someone who has the decisive role in the way the nation's highest court dispenses justice, but the Corruption Eradication Commission (KPK) has revealed another side to the bureaucrat: He has control over how major cases are handled.
In the past, the reform process targeted the corrupt legal system itself when courts from the district level all the way to the Supreme Court were little more than black markets. Case brokers, attorneys, clerks, judges and justices were all links in the chain that bought and sold justice, both criminal and civil.
One method devised to stop these practices was the Judicial Commission, an oversight body that has a strong legal basis because it is mandated by the Constitution. However, its powers have been constantly whittled away, including those related to the recruitment of Supreme Court justices. Judges opposed the commission from the outset.
The changing times failed to bring about a total transformation of the country's courts. Illegal practices continued to flourish. Indeed, a report issued by the Indonesian Ombudsman last week noted the large number of case brokers who offer money for favorable judgments.
According to the Ombudsman, complaints about maladministration in the courts have increased year after year. Public reports mention issues, such as long delays in sending case notes, the late publication of written rulings and a lack of certainty over hearing schedules and the implementation of rulings.
One major concern is the fact that illegal practices area continuing at the very top of the judicial system: the Supreme Court. Not surprisingly, insiders say that every stage of the legal process is a source of funds for the institution. Asking for a reexamination of a case is money. Determining which judges will hear the case is money. Making a ruling is money. Even handing over the written ruling and its actual implementation is money.
The proof of this is the way the arrest of Edy Nasution, secretary of the Central Jakarta district court, led directly to Nurhadi's indictment. Edy is alleged to have taken a bribe from a middleman, who was representing a major company, in relation to a request for a reexamination. The KPK traced the money from Edy to Nurhadi. In a raid on the Supreme Court secretary's house-and this was an eye-opener-investigators found a bag full of money. They even found more cash in the aborted process of being flushed down the toilet.
Nurhadi, who once made himself very popular by handing out iPods at his daughter's wedding, has been banned from travelling overseas. The KPK has a golden opportunity to examine the authority of the secretary and why he had such extensive powers.
If Nurhadi was able to arrange cases, it is reasonable to conclude that he was only one of many people involved in this legal conspiracy. It is highly likely that other justices and secretaries were involved as well. The KPK should hunt down all the players in this crooked game.
The Supreme Court chief justice should suspend Nurhadi in the interests of a fair legal process. There must be no opportunity for him to conceal evidence or influence potential witnesses. In any case, he now needs to concentrate on the criminal charges he is likely to face.
The Supreme Court has failed to maintain proper oversight. The fact that Nurhadi has accumulated far more wealth than his official income allowed should have sounded the alarm bells and prompted the Supreme Court leadership to keep a much closer eye on him. But he remained untouched before KPK investigators made their move.
The Supreme Court leaders should have seen the need for a clean up back in February when the KPK arrested court official Andi Tristianto Sutrisna for taking bribes. The KPK, the Judicial Commission and the public should be involved in that effort.
Without it, the chain of officials buying and selling justice will never be broken and the image of Indonesia's courts will forever remain tarnished. (*)
Read the full story in this week's edition of Tempo English Magazine