When politics and law collide

The decision by the Law and Human Rights Ministry last week to issue a moratorium on sentence remissions for graft convicts while observing frequent cases of controversial sentence reductions for convicted corruptors deserves the full support of us all, for better or worse.

Such a policy will expectedly ensure justice is served and eventually improve the image of the country’s judicial system, which has been repeatedly tarnished by cases of irregularities and violations of laws and regulations.

Deputy Law and Human Rights Minister Denny Indrayana recently announced a policy that prohibits all penitentiary facilities from granting freedom to graft convicts. The policy was made following reports and allegations that graft convicts had found ways to get out of prison early by paying off prison supervisors. With the new policy, priorities for sentence remissions will only be given to, among others, justice collaborators who have cooperated with law enforcers and helped uncover corruption cases.

Media reports have said that no less than 21 corruptors walked free after being granted sentence reductions on Independence Day in August and another 235 corruptors received remissions. Eight were actually released from prisons on Idul Fitri in September - all because they had demonstrated good behavior during their prison terms. Those receiving remissions included former chairman of the State Logistics Agency (Bulog) Widjanarko Puspoyo, former Bank Mandiri president director ECW Neloe, Prosperous Justice Party (PKS) politician Muhammad Misbakhun and businesswoman Artalyta Suryani.

The decision, which came in light of the recent leadership change within the ministry, is not free from political consequences. Perhaps the idea was genuine and completely meant to enforce the laws and regulations intended to uphold justice. However, the fact that it had automatically put a halt to the release of politicians - particularly from the Golkar Party, where several members had been convicted of receiving bribes during the 2004 election of central bank senior deputy governor Miranda S. Goeltom ― has angered political parties that are part of the Democratic Party-led coalition and the opposition Indonesian Democratic Party of Struggle (PDI-P), whose politicians have also been implicated in the case.

Despite their political interests, the related political parties have their point when challenging the ministry’s decision. The policy is obviously against Government Regulation No. 28/2006 regarding the treatment of inmates, which clearly lays out the provisions for inmates who meet certain criteria to receive remissions, in addition to Law No. 12/1995 on correctional institutions.

While the spirit behind the ministry’s decision to temporarily halt the issuance of sentence remissions for graft convicts is merely to uphold justice in the fight against corruption and is largely acceptable among the general public, the policy itself will undoubtedly bring legal consequences that may cause the immediate termination of the policy itself. It is very likely that individuals or parties who have been impacted by the new policy will legally challenge its validity and lawfulness at the Supreme Court ― a channel available for contesting all legal products that rank lower than a law.

The Law and Human Rights Ministry has been determined to move on with the new policy. The fact is, however, that substance is against the 2006 government regulation and the 1995 law and could cost the government losses in a legal battle.

It is, therefore, advisable for the ministry to postpone the implementation of the new policy while awaiting the revision of the government regulation and the law.

Justice delayed does not necessarily mean that justice is denied.

(The Jakarta Post)

(Asia News Network)