The Asian Human Rights Commission (AHRC) congratulates the Corruption Eradication Commission of Indonesia (KPK) for their success in the struggle against corruption in the Indonesian prosecution system. Kito Irkhami, a state prosecutor has recently been detained on corruption charges that also involve his superior, Attorney General M.A. Rachman. This development is a major move forward in Indonesia’s human rights struggle.
The prosecution system in Indonesia has frequently been reported to be flawed with political interference and corruption. Serious human rights violations such as attacks on human rights defenders, the killings of civilians, evictions and torture are not appropriately addressed by the criminal justice system in the country. International norms require the prosecution system and the quality of the police investigations to reflect the impartiality and efficiency that is essential to the justice system. Needless to say that it is the justice system that guarantees the rights of the people and that limits the power of the state and the executive.
Most Asian countries suffer from serious atrocities as perpetrators go unpunished and criminal justice as it is practiced remains a joke. Impunity was also a keyword in Indonesia when the discussion turned to the country’s human rights problems.
Anti-corruption institutions in different countries face serious challenges when they start applying their mandate to the source of the problem corruption in the justice systems. From this perspective the AHRC congratulates the move by KPK and expresses its support for the activities that help to bring about legal reforms and a real access to remedies for the torn nation.
The AHRC also calls upon the acting Attorney General, Hendarman Supandji who was newly appointed to the office just a few months ago, to ensure that his institution does its utmost to overcome the long lasting image of an institution that is not willing or capable of the protection of human rights. It is important that the Attorney General’s Office works closely with human rights institutions such as the National Human Rights Commission of Indonesia (Komnas Ham) and addresses demands from human rights groups.
The struggle about corruption is a struggle between rule of law and rule of the rulers. Countries that have shown a will to overcome problems of corruption enjoy stability, international and national recognition and the trust of its own people. Whether the Indonesian state will enjoy the same trust of its people will depend on the very institutions of justice, to deliver what the constitution promises that no one is above the law.
