Saturday, February 19, 2011

SINCERE, CLEAN. FAIR JUSTICE

SINCERE, CLEAN, FAIR JUDGE
Everyday, wake up in the morning have breakfast, drink hot coffee along with hot news. Never a day miss the news or stories about unfair court sentences, scent of bad corruption aroma done by judge, attorney, police and linked with lawyers and politician. Its rare to find the news or stories of sincere, clean, justice law enforcement.

Its normal for the media to bring up the hot, breaking news to attract their readers. Nothing wrong with that. But it is wiser if media never forget to balancing the news with so many stories about law enforcement dedicated their life to fair, clean justice, fair court sentences, sincere judge, pro bono lawyers or simple life police live in the remote areas, compare to rich lawmakers, big account of police high officers, luxurious cars of the lawyers.

Unfair sentences not solely done by a judge, attorney or law enforcement alone but also done by two sides in the court. The side who own more resources, more likely to win the case by persuade the team judge to take their side. They will try hard to find the way, which law will be used to win the battle. It doesn’t mean that the other side keep silent. They also approach the lawmakers as well and let the two sides compete to win the bargaining.

If the two sides keep the court process as it is, clean, fair, a judge, attorney think twice before make any bargaining. They think twice also of their position as a Government officials if one side report their behavior to their superiors. If court settlement process based on what the law said, then a clean, fair sentence, justice could be establish.

Its not only a law theory said but based on my own experiences facing the law enforcement not long time ago, in year 2000.
I had had 2 sentences in 2 different courts (North and Central Jakarta) issued a fair sentences and justice in criminal and business case. First, my opponent went to jail for 18 months and the other one, I had win for Rp.1,2 billions, without paying a dime to law enforcement. Unbelievable.

Here is a story of the business case. In the first level of the court, North Jakarta court, I defended by a well known national lawyer to face my opponent, a big ship line company. Before the sentence issued, my lawyer persuaded me to hand over an envelope to the judge team head, who will retire soon. I said no to my lawyer, since the case is not my fault and the lawyer guarantee my side would win the case.

Our 2 years contract said that the rent agreement in Containers handling couldn’t be cut, unless I made any mistakes in the operation and they will send me tree reprimand letters in advance. So far so good, I had never made any mistake at all and never got any reprimand letter either. Suddenly I got a letter to end the contract after one year period. I try to persuade this big company, offer them settlement outside the court, but they just saw us from the corner of the eyes and they let me take the case to the court instead.

Even its not our fault, the stone head judge win my opponent. The only reason is because I turn them down not willing to hand over the bribery as my lawyer ask me to do so.

Of course we couldn’t accept the unfair sentence and automatically forward our way to the second court level, Jakarta High court. When we meet the senior judge, she assured that our side should be win. The case is so simple that the contract agreement cut by one side. Its against the agreement. “Believe me you would win here in High court”, she said honestly without any indication whatsoever to ask some money beforehand. Then she continue by saying :”If you lose, I would lose my face too to my superiors”, she said that she always kept her good reputation.

We only met the judge once and never promised would offer her a reward after case closed. In the process our side never called to attend any meeting or court hearing in High court. We just wait until one day got a letter inform that we win the case and aborted the low level sentence.

I don’t appreciated my lawyer any longer because we lose the case. We took our files back and went on our own without defend by a lawyer in High court level process. Law allowed us handle our case without any help from a law firm and mean without paying a very high rate cost of the lawyer. A new fresh graduated law student assist me to check if anything wrong in our files.

In the first court level we lose the case because we say no to a bad judge, happened to be a man, who requested for the bribery. On the contrary, in the High court level we knew for sure, met two senior judge, really clean, happened to be women. We win the case pure, fair and justice.

The story don’t end in High court. My opponent couldn’t accept the sentence then hired 3 lawyers and directly forward the case to the next level., Supreme court (Mahkamah Agung). In this court, I kept my position still, would never give any envelope or bribery to the judge. Fortunately in the process, we never met anyone and never know the names of the judge team who handle our case.We never invited to come either

The last thing we proud of is we go forward without any help from a lawyer facing a big company with 3 lawyers. The goddess blindfolded but not blind with her sword ready to stab anyone who done un justice sentences.

Fortunately I had a high self esteem come forward to the court without any help from of the law firm because I had had the basic law in my old job as Bank BRI Branch manager before run my own business after retirement.

To make a story short, we found out later that the judge in the top high level court are clean, justice and fair. We never met them, never promise to give anything, but they issued the same sentences, strengthen High court decision who awarded us Rp.1,2 billions as we claimed and aborted the sentences in of first level court.

The problem happened not in the hand of the judge, but in administration office, waiting for a long time, the administration staffs kept the letter of sentence not send to us. Ironically, we got a copy of the letter from a security in the parking lot who offer his help to get the copy with a token of money. This security business then become a hot issue later in the news.

The bottom line is that in the middle of bad scent aroma of the judge and court environment still found so many clean, justice and fair case settlement. As long as we are in the right position, we may go forward without thinking to bribe, without any help of the law firm. You may ask a fresh graduated law student to recheck your position in your case. Believe me you would avoid the problems and the lots of money as well.

The last but not least is that my beloved country isn’t a lawless country and not in the forest full of wild animals, who had more power lead the jungle. Indonesia is civilized country


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