Inmate Number 2085
Just imagine that Tommy Suharto was caught stealing a motorbike on the side of a street, and he wasn’t the son of a former president of power and wealth. What would happen to him?
In the past few months, the streets of Jakarta and other major cities in Indonesia have often become a ‘butchering field’ for small-time criminals: thieves, blackmailers and armed robbers. Not infrequently, these criminals have been attacked by mobs, or individuals, and beaten to death. In a few instances they were burned alive.
Brutal and sadistic! But as one social psychologist has commented, only a sick society could let this happen, and even watch these sadistic and inhumane acts. Another social observer says it is not society that is sick, but those who are frustrated because the law-enforcers will not act or protect them. Which view is right?
Maybe both. Indonesia is facing the consequences of a sick society, frustrated at the lack of social order and law enforcement. In this light, the case of Tommy Suharto adds salt to the wounds.
The New Order government was by no means lame in enforcing strict adherence to its regime. It’s method of enforcement was not law, but armed individuals who were given the right to arrest, imprison and even kill anyone who openly disagreed with the regime. In fact, it was this system that led to the abuse of the existing legal system. Imprisonment and punishment only apply to a small few–those who do not have power, money and weapons. On the other side, in the hands of certain individuals, the combination of power, money and weapons has become the law itself, allowing them to do anything they desire, including oppressing the rest of society and flagrantly embezzling state funds.
Indonesian society has long been frustrated with the legal system. Without effective laws, society only maintains an appearance order, which is apt to break down at any moment. Therefore, if the principle of reformation is to be upheld, the law should be the main priority. Unfortunately, as has been shown in the case of Tommy, this is far from becoming a reality.
Maybe it is not so easy to uphold law in this newfound era of so-called ‘democracy’. The practice of accusing, arresting and throwing offenders into prison no longer applies. Respect of individual rights according to the law must be adhered to, as must technical and procedural legal aspects. Moreover, they are open to debate among the police, district attorneys, lawyers and judges.
However, the debate regarding the technical aspects of the law in the case of Tommy Suharto seems to have thrown a cover over the very aim of the law–justice, even at the expense of rationality.
After all processes were fulfilled, the Supreme Court declared Tommy guilty of causing a loss to the state in the case of swapping prime State Logistics Agency (Bulog) real estate land with swamp land owned by PT Goro Batara Sakti. He was sentenced to one and a half years in prison.
Nevertheless, Tommy received special treatment. The district attorney suggested a method by which he could postpone or even escape imprisonment: by submitting a request for a re-trial or a pardon from the President. And when President Abdurrahman Wahid finally rejected the request, meaning his sentence would be immediately effective, the district attorney waited for him to surrender himself. The televised ‘manhunt’ that followed was nothing more than a joke.
Meanwhile, at Cipinang Prison, guards had prepared a special cell for special prisoner number 2085. Moreover, if he ever does enter the cell, like many other wealthy prisoners, he will receive special treatment, different to that given to the other prisoners. It has long been general knowledge that even money can buy luxuries in prison, including ‘holidays’ outside. Such a holiday was granted to Eddy Tansil, a businessman found guilty for his involvement in the Bapindo scandal several years ago. He took a ‘holiday’ and disappeared. In fact, he still hasn’t been found.
Is it wrong for the district attorney and prison guards to be treating Tommy differently? Although it is wrong, their actions can be understood. Even President Abdurrahman Wahid gave him special treatment. He met with the potential prisoner in a Jakarta hotel. Perhaps there were no negotiations at all during the meeting. However, the President made it clear that he did not regard Tommy as an ordinary prisoner.
The meeting only stressed that the philosophy of ‘justice for all’ does not apply. Money alone can determine the fate of one prisoner from another. There is no law without justice. That is why intellectual Nurcholish Madjid said that the President’s actions were "almost scandalous." Has President Abdurrahman Wahid also played a part in rubbing salt into the wounds of justice in Indonesia? How will Indonesia’s streets react to further breaches of law enforcement?
AMC