Rule of Law: Hard Work Needed

KOMPAS/RADITYA HELABUMI

Eddy Sindoro attends a hearing in a bribery case at the Jakarta Corruption Court on Friday (1/3/2019). In the session, the public prosecutor demanded that Eddy be sentenced to five years in prison and a fine of Rp 250 million or an additional six months in prison for allegedly bribing Edy Nasution, the clerk of the Central Jakarta District Court, to the tune of Rp 150 million and US$50,000. The alleged bribe was related to a case processed at the district court.

JAKARTA, KOMPAS – Indonesia ranks 62nd among 126 countries in the 2019 Rule of Law Index issued by the World Justice Project (WJP) on Thursday. Although Indonesia\'s ranking has improved slightly, the country’s scores have largely remained unchanged over the past five years.

Hard work is needed to improve law enforcement in Indonesia, which has remained at the same level in recent years. Things can only be improved through serious commitment on the part of the government and other stakeholders to eliminate corruption and maintain an effective, clean and impartial justice system that can produce a deterrent effect.

The 2019 Rule of Law Index released by the World Justice Project (WJP) in Washington, DC on Thursday indicated a stagnant law enforcement performance in Indonesia.

Since 2014, Indonesia’s score never increased from the reading of 0.52. The index has a scale of 0 to 1, with a higher score denoting better law enforcement. The WJP measures the state of the rule of law in countries based on several factors, such as constraints on government powers, open government, order and security, regulatory enforcement, civil justice, criminal justice and the elimination of corruption in the government.

In 2019, Indonesia ranks 62nd of 126 countries surveyed by the WJP. In the 2017-2018 Rule of Law Index, Indonesia ranked 63rd of 113 countries.

Improving

WJP executive director Elizabeth Andersen said in a press release that the decline in the index reading of several countries was related to constraints on government power. This indicates rising authoritarianism. Sixty-one countries declined in that factor, 23 countries stayed where they were and only 29 improved.

Indonesia’s score in this aspect improved. The previous Rule of Law Index reports show that Indonesia’s score in the constraints on government powers factor stayed at a reading of 0.64 from 2014 to 2018, but it improved to 0.66 In 2019. This factor measures the effectiveness of the legislature, independent judiciary, civil society and the press in limiting government power, in addition to a constitutional transition of power.

Indonesia\'s performance in other aspects is still poor, however, such as in the aspects of corruption in government and the effectiveness and impartiality of the criminal justice system.

Indonesian Legal Roundtable researcher Erwin Natosmal Oemar said in Jakarta on Friday that the 2019 Rule of Law Index indicated that law enforcement in Indonesia was still vulnerable, because there had not been much improvement in the past two years.

He said the improvement of Indonesia\'s position was helped by the decline of other countries that reflected rising authoritarianism. “In the future, we still need to work hard to improve our law enforcement, "said Erwin.

Hard work is needed, among other things, in efforts to eradicate corruption, improve the justice system and overcome bribery in legal cases. The 2019 general election, said Erwin, was the right moment to assess the commitment and law enforcement framework of the presidential and vice-presidential candidates.

In response to the publication of the latest index, Corruption Eradication Commission (KPK) deputy chairman Saut Situmorang said Indonesia’s efforts in law enforcement, especially in eradicating corruption, were on the right track. However, he said, progress was slow, so the results achieved were not optimal.

"This slow progress should be examined, [to ascertain] whether it occurred on the executive, legislative or judicial side. I see the need for affirmation and a commitment to zero tolerance for all forms of corruption and bribery," Saut said.

Citizen rights

Jakarta Jentera Law School lecturer Bivitri Susanti said the task for the government was not only a matter of reducing the level of corruption but also guaranteeing citizens’ basic rights and justice.

Bivitri claimed the current government tended to view law enforcement in the context of doing business or investing, while neglecting the protection of basic citizen rights. "The state needs to be aware that the law should not only be friendly to investors and businessmen but also fulfill the basic rights of citizens," she said.

Nasir Djamil, a member of House of Representatives (DPR) Commission III from the Prosperous Justice Party, said the stagnation in the condition of law enforcement in Indonesia should be a warning to government leaders and law enforcement agencies. Even so, she appreciated the work of law enforcement officials who enforced the law indiscriminately. Many people from the elite who previously were out of reach of the law are now being prosecuted. However, law enforcement efforts have not been followed by political, social and economic institutions.

"This is the impact of the consolidation of reforms that have not been completed. After the New Order, the political, legal and economic systems are continually being tested. We are like running on a treadmill. Sweating, moving but not going anywhere," said Nasir. (AGE / IAN)