- justice that brings prosperity and peace
In 2007, Transparency International's 'Global Corruption Report' named the legal systems in the following countries as the ten most corrupt on the basis of the perceptions of their populations:
Paraquay, Peru, Cameroon, Macedonia, Bolivia, Mexico, Croatia, India, Bulgaria, Nigeria, and Gabon.
However, in 2002, United Nations special rapporteur Param Cumaraswamy, after investigating judicial graft in Indonesia and the independence of the judiciary, branded Indonesia's legal system as one of the worst he had come across.
STRATEGIC INDONESIA
Indonesia is globally strategic for a number of reasons: just ten years ago it emerged from dictatorship and is now the world's third largest democracy, it is the most populous Muslim country, the world's fourth most populous country and predicted to have a population of 232 million by 2010, it straddles the sea-lanes between Asia/Oceania and much of the rest of the world, and its tropical forest area is the world's third largest and one of the most biologically diverse. It is, however, as the world's largest archipelagic state and influenced by El Niño and La Niña weather systems, very vulnerable to climate change and, bracketed by shifting tectonic plates, subject to frequent seismic disasters. Indonesia also has one of the highest poverty rates in Asia with 35 million living in poverty and 9.43 million people unemployed. As a country of global importance, Indonesia is, therefore, facing enormous responsibilities and challenges.
However, ranked as it is as 111th out of 180 countries for corruption, and seen as having the most dysfunctional legal system in Asia, Indonesia is severely hampered in its ability to deal with these. The deleterious consequences of weak rule of law, that is the product of such a system, are all too evident in Indonesia: injustice, human rights abuse, conflict and distorted scarce resource allocation manifested by poverty, unemployment, disaffection, extremism and environmental destruction.
Such a dysfunctional justice system can only exist because of compliance with it by legal officers such as lawyers, prosecutors, court officials. etc. Unfortunately, Indonesian lawyers, rather than challenging the dysfunction are, through the need to earn a living, a compliant part of it and often in denial as to their power and responsibility to change it.
Opportunities in changed perceptions & technology
Recently, the rather effective Corruption Eradication Committee came under attack from the Indonesian police force that is riddled with violence and corruption; but the former was supported by many, including those taking part in mass public demonstrations in several of Indonesia's cities. Because of heightened public concern about corruption, particularly in the justice system, and the advent of the internet with its power to expose and bring to account, extra-territorial OECD anti-bribery legislation and the awareness of the need for legal predictability to attract foreign investment, Indonesia is ripe for legal system reform.
Opentrial-Indonesia is a joint initiative by Opentrial of the U.K. and partners in Indonesia, which is focused on capitalising on the huge, unprecedented potential for justice system reform that information and computer technology now offer through enhanced communication and exposure. Because of the applicability of our method to all dysfunctional legal systems we, nevertheless, welcome cooperation worldwide.
To reform dysfunctional legal systems Transparency International recommends greatly increased transparency with regard to judicial appointments, terms and conditions of legal system officials, accountability and discipline, and in detention, prosecutorial and court processes.
By means of Web 2.0 capability, Opentrial-Indonesia aims to deliver exactly this, as well as working in other ways to help develop a credible legal system that is pivotal in enhancing democracy, human rights, conflict prevention and - through reducing corruption and other crime in various societal sectors - advancing responsible and sustainable trade and economic development.
Essential support
It is, though, essential that legal system personnel of conscience in Indonesia are given support such that they come to realise that they collectively have the power to change things, and must work to do so if the ordinary people of their country are not to continue to suffer from deprivation, injustice and human rights abuse in their daily lives.
All people yearn for "confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people". President Barack Obama, 4th June, 09, Cairo.