JAKARTA - The statement of the suspect in the bribery case of the Supreme Court judge, Yosep Parera, has revealed the depravity of the judiciary in Indonesia. So that reports from litigants can reach the judge's desk, there must be a 'cash' paid.
This game occurred in the structural ranks, such as clerks, recipients of files, case numbers, and others. It was to the subordinates of the Supreme Court that the lawyers had to pay.
"So, like it or not, the litigants will definitely spend funds to get justice. So, that's what we did, paying so that our letter can go to the Supreme Court judge's desk," Yosep said at the KPK Building, Jakarta on October 10, 2022 after undergoing an examination by the Judicial Commission (KY).
"We don't know the Supreme Court judge. We only deal with law enforcement officers in the Supreme Court who are close to judges. These are the people who play games like gratification. So the Supreme Court judge is actually done, the game is below," Yosep added.
He admitted that he had conveyed the relevant information to KY and the judge at the Supreme Court Supervisory Body (Bawas). The goal is that there will be improvements so that lawyers are no longer held hostage by the practices of requesting the tribute.
The Judicial Commission has followed up on ethical examinations related to arrests and the determination of suspects against Supreme Court Justices and Judicial Justices ETP. Examinations were also carried out on suspects TYP, ES, HT, and IDKS.
However, Spokesperson for the Indonesian Judicial Commission, Miko Ginting, did not want to reveal the results of the examination. "The results of this temporary examination are only for the purposes of the examination, please understand."
What is certain, continued Miko, is that KY is still identifying internally and will cooperate with the Supreme Court for supervision.
The basis of the identification is to analyze the point of vulnerability to irregularities. Strengthening institutions and monitoring mechanisms are one of the keys, in this case strengthening the role of KY is necessity," said Miko in a written statement to VOI, Tuesday (11/10).
Indonesia Corruption Watch (ICW) researcher Lalola Easter Kaban assessed that what Yosep Parera said might have become general public counsel in the community. It is appropriate for the KPK to deepen Yosep's statement again.
Thus, the practice of the judicial mafia in the Supreme Court and court institutions can be eradicated or at least minimized.
"KPK by carrying out its monitoring function can map and minimize the emergence of the judicial mafia again through improving governance in the Supreme Court and courts," he told VOI, Tuesday (11/10).
On the other hand, the Supreme Court must also carry out a thorough evaluation both mechanismally and institutionally. MA should have mapped corruption-prone points.
Because, in fact, corruption in the bribery case of the Supreme Court justice resulting from the KPK's Hand Catch Operation (OTT) cannot be done alone.
This game goes hand in hand, such as the system until a strong suspicion flows to the judge. It must be a thorough evaluation," he said.
Weakness in the institutional control process, both by the Supreme Court Supervisory Body and the Judicial Commission, further opening the gap for corruption in the judicial sector. This condition allows that there are still many judges and law enforcement officers who are corrupt but are not identified by law enforcement.
In addition to bribery, the performance of the Supreme Court in the imposition of punishment to maximize the deterrent effect of perpetrators of corruption is also questionable. The average verdict in 2021, according to ICW, is only 3 years and 5 months. In fact, it is light, the Supreme Court also coordinates many discounts on the deduction of the sentence through the Judicial Review (PK) process.
As a result, evaluation needs to be carried out not only on the institutional governance of the Supreme Court and the institutions below it, but also related to the staffing and regulations themselves. So, the Supreme Court will be able to become an institution with integrity.
"Perhaps the internal regulations are not in order. So, the impression is that there is no enforcement, even though there is enforcement, but it has not touched the root of the main problem," added Easter.
Former Supreme Court Justice Gayus Lumbuun did not deny that reports related to the game of the people under the Supreme Court had indeed occurred several times. Whether it is done by people claiming to be MA employees, or indeed by MA employees themselves.
Reports did exist in my time. They wrote a letter if they wanted to win, then wrote a personal contact number, not an office number, this is often found. However, of course, further evidence is needed, Gayus told VOI, Tuesday (11/10).
That's why it is necessary to reform judicial institutions to eradicate the judicial mafia movement. Gayus also agreed that judicial institutions must be evaluated immediately.
The evaluation was carried out on court leaders, including court officials, the good ones were maintained, the bad ones were replaced. Those called legal reforms must be concrete," he said.
Moreover, Gayus continued, if you look at KY's 2019 report, there were 87 judges who committed violations. Not only related to ethics and behavior, KY also found an unlawful act by accepting something from the defendant or the litigant.
"This has a report, I still save the report," Gayus said.
Former Supreme Court Justice Gayus Lumbuun asked the Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD, to be consistent in fixing the mafia in the judiciary. (Between/M Agung Rajasa)
Mahfud MD before serving as Coordinating Minister for Political, Legal and Security Affairs, according to Gayus, also had time to convey the idea of reshuffling the total governance of the Supreme Court if he wanted to eradicate the judicial mafia.
The Supreme Judge was just dismissed, all of them were re-cobbed. People will say it violates human rights. There is a higher argument above the constitution called populi suprema Alex. The safety of the country is higher in position than the constitution. If necessary, the constitution violates to save the country, that's a general argument," Mahfud said at the event which was initiated by Karni Ilyas six years ago.
Mahfud MD also conveyed his idea to limit the position of Supreme Court justice for just five years like other officials, as well as shorten the retirement period so that there is no accumulation.
Why don't we make laws, five years of stopping if we want to continue, we have to re-selection. If this is indeed difficult for the law to make because there are many collusions, mafia, political games, the president can intervene.Salus populi suprema Alex, people's safety is much higher than the constitution. If necessary, the President will act in a state like this," said Mahfud
At that time I was at the same event as Mr. Mahfud, so I remember his idea. What does that mean, Mr. Mahfud must also be consistent. Currently, he is the one who has the mandate from the president for reform," Gayus stressed.