How to Detect Court Mafia Practices in Indonesia

| Monday, November 23, 2009

Undeniably the court mafia practices in Indonesia have seeped into all structure lines of the court. All stages of procedure from investigation to imprisonment are tools used by the mafia for reaping profit . Here are the patterns of court mafia practices:

The Police
A. At investigation stage
1. Tip request
* A report is processed only after a bribe tip is paid.

2. Case embezzling
* A case prosecution is stopped after a deal to pay a certain amount of money to the police.

B. At probing stage
1. Case negotiation
* Bargaining the chapter of Law to be charged against the suspect with varying bribe cost.
* Delaying the issue of a letter to start probe to the attorney.

2. Extortion by the police
* The suspect is abused first to be cooperative and willing to bribe.
* Directing a case and then offering a 'peaceful' solution by allowing bribery

C. Prison room booking
* Prison room placement is possible to bargain.

The Attorneys
1. Extortion
* Investigation is prolonged to negotiate 'peace' bribe money.
* The subpoena has no status (witness or suspect) on purpose, so in the end during inspection, a payment is asked so that the status doesn't become 'suspect'.

2. Imprisonment Status
* Changing the status of imprisonment is also a bargaining tool.

3. Releasing the suspect
* By a letter to stop investigation (SP3) or allowing the suspect to escape (obscuur libel) to escape punishment verdict

4. Case Embezzling
* The case files can be suspended with a payment
* When given to the Attorney's office, the police has labeled the case file "taken care of" so it isn't registered.

5. Case negotiation
* Investigation is prolonged so that the suspect's family would contact the attorney.
* This could involve a middle-man, either from the attorney's office, a child of a high-official, or a partner lawyer of the attorney.
* The level of charge can be bargained.

6. Lessening the charge
* The charge can be lessened if the suspect would pay.
* The dossier (BAP) can be leaked out during investigation.
* The chapter of Law for charging is also negotiable.

The Court
1. Tip request
* The lawyer must provide extra tip for court registration.

2. Determining the Panel of Judges
* This can be done by oneself, or by using the service of a court clerk.

3. Verdict negotation
* Coordination can be done in advance between the prosecutor's charge and the judge's verdict
* Barganing between the judge, attorney, and lawyer regarding the punishment and the bail money or fine.

Court Appeal
1. Verdict negotiation
* The lawyer can contact the judge to bargain the verdict

2. Delay of execution
* Verdict execution can be delayed after paying a bribe to the attorney through a middle-man or the executor.

Correctional Institution

1. Fee for visitors
2. Leave allowance
3. Using a substitute whose identity is matched with the convict's
4. Special treatments

Source : kompas.com

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