Frans H. Winarta: Judicial corruption not only rampant but also shameful

In the midst of the anticorruption campaign introduced by President Susilo Bambang Yudhoyono in his first year term of office, an incident occurred at the Supreme Court recently in which a lawyer and five staff members of the Supreme Court were involved in an attempt to bribe Supreme Court Chief Justice Bagir Manan. This scandal has proven again that judicial corruption is still rampant in Indonesia. How to manage it?

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Judicial corruption not only rampant but also shameful

Frans H. Winarta, Jakarta


In the midst of the anticorruption campaign introduced by President Susilo Bambang Yudhoyono in his first year term of office, an incident occurred at the Supreme Court recently in which a lawyer and five staff members of the Supreme Court were involved in an attempt to bribe Supreme Court Chief Justice Bagir Manan. This scandal has proven again that judicial corruption is still rampant in Indonesia.

People who often have to deal with courts or other law enforcement offices, will easily see the above mentioned practices occurring in the day to day proceedings at the courts.

It is no secret that businessmen who have legal cases in court reserve a budget to be allocated for judges or prosecutors through their lawyers who act as brokers. Local and international companies often have to be involved in the dirty practice. Both local and international companies are often trapped into the habit of legitimizing illegal practices.

The forms are various such as bribery, fraud, improper influence, inducements and interference in the form of providing travel packages for the said officers and their families, housing, jewelry, money, sex and leisure, entertainment, golf club membership and so forth. This is usually carried out by their respective lawyers.

The rational behind bribery is usually based on the perception that they will lose the case if they do not practice the above tricks. Many judges complain and allegedly accuse lawyers of being provocateurs.

Meanwhile, the Lawyers Act does not prohibit ex judges, ex prosecutors, ex police officers and ex topnotch government officials and military officials from becoming lawyers. During the debate in the House of Representatives on the draft bill of the Lawyers Act many factions did not agree to prohibiting ex-law enforcement agencies and ex government and military officials from becoming lawyers.

The reason for the restriction is to prevent collusion among lawyers and judges. Those who have past relations are susceptible to collusion and intervention. This is the result of passing a law based on group interests rather than the people's interests. As we can see from the two recent incidents involving suspended Aceh governor Abdullah Puteh's and Probosutedjo's lawyers it is about time to amend the Lawyers Act.

The establishment of the Corruption Eradication Team about a year ago is meaningless to corruptors and those who are involved in judicial corruption. This is proven by the scandalous Probosutedjo case at the Supreme Court in which a retired judge of the High Court of Yogyakarta was involved in giving money to five members of the Supreme Court staff which was allegedly intended to be given to Chief Justice Bagir Manan.

This allegation was denied by Bagir Manan who headed the panel of judges of the Probosutedjo case in which Probosutedjo had been found guilty by the lower courts of siphoning off a large portion of the reforestation fund for himself. While, in the case of Abdullah Puteh, his lawyer was caught red-handed when he delivered money to an official of the Jakarta High Court.

Corruption has caused legal uncertainty. From the application of permits, purchasing land, business permits, building permits to the forming of a company, all require various illegal payments.

The slow progress of the corruption eradication program is caused by the lack of political will of the Cabinet members and other senior government officials. They do not fully support the program as reflected by the absence of an internal anticorruption program.

Another obstacle could be the forming of the Corruption Eradication Team, because its presence has reduced the authority of Corruption Eradication Commission (KPK) as a super body which can take over corruption cases from the police or the prosecutor's office if they have not handled the case seriously. At the same time the KPK is entitled to apply the reverse burden of proof, to tap telephones, to reveal the suspect's bank account, to utilize photostat records and electronic banking as evidence, to apply a travel ban, to detain a suspect, and other extraordinary rights to uphold the law.

The idea of appointing the KPK as a super body was based on the understanding that corruption is considered an extraordinary crime and therefore must be handled differently from an ordinary crime. That is why, the KPK has been given so many extraordinary powers.

It is high time that the President evaluated the performance of the Corruption Eradication Team. If he finds the team to be ineffective, he must retract the presidential decree and reinstate the KPK's original function.

What has been done by the lawyers association in the light of the fact that two lawyers have been involved in such scandalous incidents?. Practically nothing. It is public knowledge that the practice of lawyers acting as brokers for their clients is perceived nowadays as the norm.

Lawyers who refuse to act as brokers are considered stupid, idealist, abnormal and become a target of derision and ridicule.

At a time when the government, NGOs, law enforcement agencies such as the police, prosecutors and judges are discuss good corporate governance and trying to implement it, the lawyers associations are silent. They are not interested in institutional reform.

Indonesia cannot enforce the law without a clean and honest advocates profession and law enforcement agencies.

The writer is the chairman of the Indonesian Legal Studies Foundation (ILSeF).

Source: The Jakarta Post, Oct 31, 2005.

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KNUT J. MO: Is Indonesia ready for single currency?

Wouldn't life be much easier if the prices of basic necessities were the same as before the monetary crisis? Wouldn't it be nice to have money in the bank for unexpected expenses like healthcare? These things would all be possible if Indonesia had sound economic and social policies. After several years of trial and error, Indonesia is slowly getting back on its feet. What can be done to speed up this process and ensure that all Indonesians benefit from this economic growth?

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Is Indonesia ready for single currency?

Opinion and Editorial - October 29, 2005


Wouldn't life be much easier if the prices of basic necessities were the same as before the monetary crisis? Wouldn't it be nice to have money in the bank for unexpected expenses like healthcare?

These things would all be possible if Indonesia had sound economic and social policies. After several years of trial and error, Indonesia is slowly getting back on its feet.

What can be done to speed up this process and ensure that all Indonesians benefit from this economic growth?

With a new president in charge, people can only hope and pray that corruption will be reduced so that the daily life of Indonesians can be improved and they all get an equal chance to access education, thereby improving the quality of their own lives and the lives of their families. Also, when sick, people will be able to go to the hospital and get proper medical care at an affordable price.

All the basic necessities mentioned above should be available to all the people on the Earth, but for a developing country like Indonesia and other countries in the Southeast Asia region, most of these needs cannot be obtained due to endemic poverty.

Money makes the world go around, and even though it is not the most important thing in life, it has long been one of life's necessities.

Indonesia is one of the poorest countries in the Southeast Asia region and, therefore, it is very difficult to improve the lives of all Indonesians. Choices need to be made in order to improve the standard of living, and it takes a strong and determined president who is not afraid and, more importantly, is willing to do everything in his power to make these choices.

So, what choices can our president make? What can he do to improve the standard of living? When thinking about these questions, we may differentiate between the short-term and long-term advantages that may be gained. In the long run, a single currency for the Southeast Asian Region could benefit Indonesia. A single currency would improve Indonesia's negotiating position on the international market and attract foreign direct investment due to lower risks associated with exchange rates.

This may all sound good on paper, but it has also proved successfully in practice. Since the adoption of the single currency in the European Union, the smaller and weaker economies have benefited the most.

KNUT J. MO, Surabaya

Source: The Jakarta Post

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Glan Iswara: Don't cry Bali, we will continue with our support

"Why did they bomb Bali? Why Bali?" For the tourism-reliant Balinese these questions are significant. For example, a taxi driver who usually waits for passengers at Ngurah Rai Airport in Bali, sadly said: "After the bombs in October 2002, tourism in Bali was quiet. I and other taxi drivers have been making efforts to increase our service to attract tourists (by word of mouth) to return to Bali."

Tourists will return to Bali for its idyllic beaches and lush tropical forests as much for the friendliness of the Balinese themselves. But now, for the second time, the island has suffered attacks. The question is "why?" Why did they bomb the Island of the Gods, where four million residents are reliant on tourism?

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Don't cry Bali, we will continue with our support

Opinion and Editorial - October 29, 2005

Glan Iswara, Christchurch, New Zealand


"Why did they bomb Bali? Why Bali?" For the tourism-reliant Balinese these questions are significant. For example, a taxi driver who usually waits for passengers at Ngurah Rai Airport in Bali, sadly said: "After the bombs in October 2002, tourism in Bali was quiet. I and other taxi drivers have been making efforts to increase our service to attract tourists (by word of mouth) to return to Bali."

Tourists will return to Bali for its idyllic beaches and lush tropical forests as much for the friendliness of the Balinese themselves. But now, for the second time, the island has suffered attacks.

The question is "why?" Why did they bomb the Island of the Gods, where four million residents are reliant on tourism? Some argue the attacks targeted Western tourists, but Australian Prime Minister John Howard said the attacks could be aimed at creating instability in Indonesia.

It is evident that targeting tourists or the tourism industry is a deliberate act that helps terrorists achieve several goals. Perhaps they sought publicity or economic disruption or are ideologically opposed to tourism.

Some scholars suggest that travellers may have been targeted because they are perceived as ambassadors for their countries. When tourists are victimized, the media magnifies the situation, grabbing international attention.

The tourist's country of origin becomes involved in the situation and the subsequent involvement of other countries intensifies the pressure on the government to which the terrorists are sending their message. The widespread media attention focused on the terrorists' political views also confirms the usefulness of tourists to terrorists.

Tourism symbolizes capitalism, and state-sponsored tourism represents the government to many people, so an attack on tourism symbolizes an attack on the government terrorists oppose. Tourists may also be deemed to be legitimate targets in generating political instability where governments have sought to generate economic activities and infrastructure based on the tourism industry.

Whatever the motives behind the attacks, violence in its various forms has caused serious declines in tourist arrivals and in some cases has decimated tourism markets targeted by terrorists. Tourism and international travel are sensitive industries, highly dependent on peace and security. As a result of the news media's improved ability and willingness to cover more violence than ever before, tourists' perceptions have begun to change, so that safety is more of an issue in choosing a holiday destination.

Tourists may alter their destination choice or modify their itinerary as a form of protective behavior. Alternatively, they will continue with their travel plans, acquiring information on terrorism, political turmoil, crime and other risks at their destination. Such market behavior affects the trend of recovery patterns of tourist destinations.

How long will it take for Bali's tourism industry to recover? Or will Bali be forgotten as a tourist destination?

Since tourists' collective memory is relatively short, violence occurring at tourist destinations at infrequent intervals has a negative impact for only a short period. In contrast, acts that occur in rapid succession, or constantly, have a serious negative effect for as long as they continue.

Three years after the first bombings in 2002 tourist arrivals to Bali were on the rise, although they had not reached the peak of pre-2002. These latest attacks could, sadly, cause a drop in the number of international tourist arrivals to Bali.

Theorists can argue among themselves about the recovery of a tourist destination that has suffered terrorist attacks, but the Balinese people will continue to suffer. Even if the taxi driver at Bali's airport, for example, is aware that world leaders have shown their support for Bali and reacted with anger to the recent bombings that is not enough in the coming days, when he realizes he is essentially unemployed. Only the people of Bali know why they cry -- because they are aware of the terrible price they will pay for the terrorists' evil deeds."Don't cry Bali, the world won't forget you. Believe me!".

The writer is a columnist and journalist who is currently undertaking postgraduate studies at Lincoln University, New Zealand on "economics, tourism and terrorism".

Source: The Jakarta Post

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A. Chaedar Alwasilah: Professors' reluctance to teach undergraduates

Teaching and research are inherent in faculty development. University professors, in other words, should have both teaching and research skills. However, it is not always easy to develop the ideal balance. In general, there are three groups of faculty on campus, as follows:
*) First, there are professors who are committed to teaching but not to research.
*) Second, there are professors who only want to give lectures to graduate students, assuming that graduate teaching confers more prestige.
*) Third, due to their expertise, some professors are often tempted to ignore their teaching responsibilities. Temptations include seminar invitations or consulting jobs. This phenomenon should be seen as public recognition of the individuals and, indirectly, of the universities they represent.

Among the three, the second type seems to pose the most serious problem, as it could water down the quality of undergraduate education, which is the critical period of higher education. So, what is happening in Indonesia?

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Professors' reluctance to teach undergraduates

Opinion and Editorial - October 29, 2005

A. Chaedar Alwasilah, Bandung


Teaching and research are inherent in faculty development. University professors, in other words, should have both teaching and research skills. However, it is not always easy to develop the ideal balance. In general, there are three groups of faculty on campus, as follows:

First, there are professors who are committed to teaching but not to research.

Second, there are professors who only want to give lectures to graduate students, assuming that graduate teaching confers more prestige.

Third, due to their expertise, some professors are often tempted to ignore their teaching responsibilities. Temptations include seminar invitations or consulting jobs. This phenomenon should be seen as public recognition of the individuals and, indirectly, of the universities they represent.

Among the three, the second type seems to pose the most serious problem, as it could water down the quality of undergraduate education, which is the critical period of higher education. We have noticed the growth of new graduate programs at some universities to the detriment of long-established undergraduate programs.

From my experience, what alumni in the U.S. really value from their college years is neither the curriculum nor the subject matter of the courses. What they value most includes the groups they joined, the professors and students they met, and the friendships they made. Obviously, it is the lecturer -- the most permanent actor on campus -- who plays the most decisive role in higher education.

In many universities here, the number of PhD holders does not necessarily guarantee the quality of undergraduate education, which is very critical for developing students to live in a changing and fragmented society.

Unfortunately, at the university level, teaching skills are not as valued as research. Apparently no college professor loses his or her job because of substandard teaching. This could account for the low quality of college graduates throughout Indonesia.

It is high time to include teaching skills as part of the criteria for the selection and promotion of faculty members. We cannot assume that a bright PhD holder will have excellent teaching skills. In most cases, it is the students who are best placed to judge their lecturers.

Teaching is a process where knowledge, skills, values and attitudes are explored using available resources. These available resources include books, journals, human beings, physical objects, etc. that provide information necessary for attaining the purpose of teaching. Through the medium of modern information technology (IT), resources are now virtually unlimited and accessible around the clock.

Abundant resources have defined teaching as a flexible process that goes beyond the physical bounds of class and campus. The nature of the available resources also has brought about a new approach to teaching -- a big shift from professors framing the way students collect necessary information to a situation where students are empowered to voluntarily find the necessary and the latest information.

Evidently, the first task of teaching is to provide students with the skills to collect and sort information. This underscores the substantial role of IT and the importance of establishing IT as a mandatory course at the undergraduate level.

Teaching has become a multidimensional engagement as the information gathered has become more complex. The variety of information is as unlimited as the interests of the students. Thus, teaching has become more challenging for both professors and students. Both sides learn new things and learn from each other different ways of seeing and doing things.

The new dimensions of teaching as described above essentially define course objectives. Thanks to the Internet we can access knowledge, skills, values and approaches necessary for establishing national or international standards, which should be met by students.

In other words, the objectives and the criteria for passing a course are subject to continued review and can be modified immediately. Consequently, a syllabus might be changed not only at the beginning of a semester but also during the semester, while teaching is already underway.

It is universally acknowledged that the teaching process opens possibilities for both professors and students to explore new dimensions, structures and application of theories, procedures, skills and so on. Information provides them with new insight, knowledge, skills and attitudes; at the same time, it creates the possibility for doubt and curiosity on the part of students.

Thus, teaching serves as a springboard for doing research. The topics discussed during the teaching process can generate new problems or thoughts on the part of professors and students.

From the discussions above, several conclusions follow. To be meaningful, teaching undergraduate students should provide them with skills for critically selecting and sorting information. Teaching should enable them to develop the attitudes of trust and skepticism.

The demands of teaching are now complicated by fast-flowing information and uncertainties in contemporary society. Therefore, college professors ought to be among the best-educated members of society. Finally, we need to strike a balance between teaching and research, graduate and undergraduate teaching, and pure research and applied research.

The writer is a professor of language education at the Indonesian University of Education (UPI) in Bandung. He can be reached at chaedar@bdg.centrin.net.id.

Source: The Jakarta Post

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Benget Simbolon: Less-is-more philosophy would do our lawmakers good

"Nemo dat quod non habet" is a Latin saying that means nobody can give what they do not have. Although it is a Latin saying, people here will easily understand that a person needs to first have money before they can give it to others. But unfortunately, the meaning of the saying seems to have escaped our legislators at the House of Representatives (DPR). Despite the country's predicament the legislators still have the heart to ask for bigger salaries. What is actually happening?

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Less-is-more philosophy would do our lawmakers good

Opinion and Editorial - October 28, 2005

Benget Simbolon Tnb., Jakarta


"Nemo dat quod non habet" is a Latin saying that means nobody can give what they do not have. Although it is a Latin saying, people here will easily understand that a person needs to first have money before they can give it to others.

But unfortunately, the meaning of the saying seems to have escaped our legislators at the House of Representatives (DPR). Despite the country's predicament the legislators still have the heart to ask for bigger salaries.

This week they persisted with their request for an allowance of Rp 10 million (US$1,000) in addition to their Rp 40 million monthly salary. If it were to be approved, they would be on salaries of more than Rp 50 million, excluding the other perks that they get as members of the House.

Previously this year, they received a pay rise of more than 300 percent from about Rp 12 million per month to about Rp 40 million per month.

The legislators, surely, are not aware of the very poor condition of this country over the last seven years. Such a condition can be seen and felt in almost every aspect of life here. The economy is not doing well. The number of jobless, which according to the Central Statistics Agency (BPS) has reached some 40 million people, is on the rise. Thus, poverty is also increasing among communities.

Different from other countries in this region, Indonesia is still shunned by investors due to its record of corruption, excessive red tape, higher costs of labor and uncertainties in its legal system and security situation.

Indonesia, therefore, has only undergone a shaky growth of about five percent, which is not enough for it to disentangle itself from the multi-crisis of seven years ago.

Apparently, the legislators did not consider their performance before asking for the additional allowance.

Indonesian Parliament Watchdog Society (Formappi) said in its report on Monday that during this year -- the first year of its five-year term -- the House of Representatives' performance was very poor. They had only endorsed 10 pieces of legislation out of the 55 targeted bills, while its budgetary and supervisory functions failed to live up to people's expectations.

Formappi chairman Tommi Legowo said that the legislators had also done very little to force the government to find other ways to reduce the burden on the state budget other than by increasing the fuel prices. This had led to the government's increasing of fuel prices by 126.6 percent on average, with kerosene -- which is used as a cooking fuel by the nation's poorest people -- rising almost threefold from Rp 700 to Rp 2,000 per liter.

Teliti, another legislative watchdog, previously made a similar criticism of the legislators. It reported that many of the legislators had also moonlighted, including as brokers between businesspeople and the government, distracting their attention from their main job in the House.

Their persistence has again proved that their demand from the country is based more on personal -- or their respective political interests -- and less on the interests of the public.

People will certainly feel regret over the fact that the legislators they chose to represent them in the House have ignored their interests. They could no longer trust them to fight for their interests in the legislative body.

Considering the hardships the general public are now enduring, the legislators' salaries were already sufficient. It is now time to say enough is enough. It is time for them to make use of what has been given to them.

They might think they need to more in order to improve the welfare of the public, or their parties, but people are seeing that excuse as a way of disguising their intentions.

Now, instead of trying to get more and more, they should try to understand the philosophy of "less is more", which once was promoted by German intellectual Ludwig Mies Van der Rohe. People should not be discouraged with "less", as with their creativity they can use it to achieve more.

The poor people -- who have made the headlines recently but failed to get the attention of the legislators -- may not know the name of this less-is-more principle. But surely, they have long practiced such a philosophy, knowingly or unknowingly, in their everyday lives.

Once in an interview, a journalist asked a poor woman how she made ends meet. The woman said: "My family needs some 50 liters of rice every month. But our income can only buy 45 liters. So, every day before cooking, I just take out a handful of the rice I'm about to cook and keep it in a separate place as savings. Later that month, when we experience a shortage, I will turn to use it. Sometimes we make it last for more than one month."

The journalist got another answer on the less-is-more principle from a farmer. "We were experiencing an irrigation water shortage. So what we did was to use the available water for irrigating our rice fields in turn, so that more land could be used for rice cultivation," he said.

The poor are aware they have "less". But instead of demanding more from others they have used their creativity to achieve more.

As their fellow nationals, the legislators should also be aware of the condition of their country, which is currently too poor to give them more. In such a condition, all people, including the legislators are required to make sacrifices, with a view to, one day, enabling our country to give us more and more. Part of that sacrifice would be to look at "less" as though it had the potential to be more. Not through an additional bonus but through hard work and creativity.

The author is a staff writer of The Jakarta Post.

Source: The Jakarta Post

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