National Fugitive
Indonesia’s legal system has once again shown its inability to bring about justice with regard to Hutomo ‘Tommy’ Mandala Putra. Regardless of this failure, society still needs a system of order. This is why a different type of legal system is beginning to emerge to fill the vacuum. Last week, posters containing the words "catch Tommy, dead or alive," were circulated in various cities in Indonesia. This dangerous trend illustrates the public desire to make its own laws, as a substitute to state laws, which are increasingly regarded as being incapable of bringing about justice.
One of the primary pillars of any nation is a working legal system aimed towards bringing about social order. Within Indonesia, thousands of police officers are recruited, trained and paid to enforce the law. Furthermore, thousands of civil servants are educated and trained to become district attorneys, judges and legal assistants to process cases involving possible law-breakers in the courts. In addition to this, thousands of jails are built using taxpayers money and foreign aid, and thousands of civil servants are recruited to manage these institutions. All of this to ensure that people found guilty by the court system must carry out their sentences.
Hutomo Mandala Putra, however, has shown a total disregard for all the legal above elements. Possibly because for the past three decades he was raised as the youngest son of the powerful former president Suharto. Now at 38, Tommy believes himself to be an Indonesian Louis XIV. He seems to personify a similar arrogance to the 18th century French dictator, who once conceitedly claimed: "L’Etat c’est moi" (I am the nation).
If this assumption is correct, then the Indonesian public should rightfully be concerned. History has shown that Louis XIV’s conceit resulted in the French Revolution and the butchering of thousands of aristocrats at the guillotine. If history repeats itself in Indonesia, the results may be just as terrifying. The last few weeks have shown the symptoms of unrest in Jakarta, where dozens of small-time thieves were caught and burned alive.
Incidents such as these are surely causing the nation’s founding fathers to turn in their graves. Indonesia was founded as a modern civilization, aspiring to uphold a principled legal system, as opposed to vigilante law. The founding fathers’ aspirations must be carried out and, therefore, Tommy should be immediately arrested and forced to carry out his sentence.
If the government is unable to enforce state law, the officials responsible for bringing about legal order in this case must be replaced. Furthermore, any government officials who do not support wider efforts to uphold the law should also be reprimanded. The government’s treatment of the Cendana (Suharto) family also needs to be reviewed. Betrayal of governmental trust as clearly illustrated by Tommy’s total disregard of the law is a clear example that special treatment can no longer be afforded to Indonesia’s former politicians or their families.
Nevertheless Tommy’s status of being above the law may have temporarily come to an end. His endeavors to escape imprisonment may be merely delaying the inevitable. By continuing his flight from imprisonment, he is adding to the crimes already committed. In contrast, his business associate, Ricardo Gelael, convicted at the same crime for swapping prime real estate land with swampland, has shown his willingness to obey the law and carry out his sentence. Tommy’s reason for hiding from the law—because he says he received death threats—seems unrealistic or even made up by his lawyers.
The government must take affirmative action against Tommy, and also his lawyers. It is the duty of an attorney not only to ensure his client’s rights are respected, but also to pledge that his client will not break the law. Tommy’s lawyers’ approach to his disappearance demonstrates they have no respect for the law. There are even indications that several of the attorneys are involved in this legal hodgepodge.
It is not only the government’s responsibility to take affirmative action. Society at large is also responsible for bringing about social order and justice in this case. Lawyers play a crucial part in this process. Their legal expertise is important to ensure that the law is not abused. If vigilantism continues to occur in Indonesia, lawyers’ services will no longer be required. Therefore, it is in their best interests that the law is upheld.
Apart from issues of whether the current government deserves support, legal endeavors to incarcerate Tommy should be in the interests of all parties involved. Because the law remains ineffective as long as he remains a fugitive. And the longer legal enforcement takes to be restored, the greater the possibility that street justice will effect the daily lives of Indonesian citizens.
Perhaps different posters should be handed out and stuck up, calling for public assistance to help catch Tommy, but with a different tune: if he is caught he should be surrendered to the authorities alive.
AMC