The document discusses India's issue with delayed justice and the consequences of this problem. It notes that according to the Chief Justice of India, there are over 30 million pending cases. As a result, some people seek help from criminals or police to settle disputes quickly. Delayed justice can also lead to aggrieved parties not pursuing legal action and potentially turning to violence instead. The document provides suggestions for what the government and citizens can do to address this issue, such as establishing special courts and citizens acting as arbitrators.
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
Caveat - VOLUME 07/I, DECEMBER 2009 - LBH MasyarakatLBH Masyarakat
This year, Indonesia experienced an uncompromising state of affairs on human rights and bore witness to its own failing
rule of law. If these conditions further deteriorate, and the government fails to prevent such incidents, Indonesia risks
creating a state of anarchy, where the rule of law has collapsed and the enforcement of human rights is absent.
The country's failed legal reform has now been an issue for more than 10 years. Indonesia’s law apparatus, from the
National Police to the Attorney General's Office and the Supreme Court, have escaped the work of strategic and effective reforms.
In 2009, the National Police passed a decree regarding the implementation of human rights; yet torture and other violence continues. The reputation of the Attorney
General Office’s has failed to fully recover from its downfall in 2008 in which one of its high-ranking officials was imprisoned for corruption. Other senior AGO officials are
now accused of attempting to destroy the Corruption Eradication Commission (KPK). Meanwhile, the Supreme Court has not shown transparency in serving justice.
Ultimately, all three institutions have failed to exhibit integrity and transparency.
Ricky Gunawan’s opinion piece, "Indonesia’s Legal
System Biased and Unfair," corroborates this proposition.
Gunawan's opinion piece provides striking cases of a failed rule of law. He compares three cases in which ordinary people face legal procedures and one case in which a
powerful man is allegedly deceiving the law. He argues that, “Indonesia needs to reform and strengthen its legal system. Otherwise, the country will end up in pandemonium
where laws are only paper and human rights turn into human wrongs.”
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Abhas Rajopadhyaya
An overview of "Rule of Law to Ensure Safety of Journalists and Combating Impunity" in Nepal
Presented at a seminar to celebrate World Press Freedom Day on "Media Freedom for a Better Future" on 10 May 2014 Saturday at Kantipur City College, Putalisadak, Kathmandu
Caveat - Volume September-October 2012 - LBH MasyarakatLBH Masyarakat
The idea of reforming Indonesian criminal justice system by amending the current Criminal Procedure Code (KUHAP) has been in suspended animation for much of the last decade. The draft revision has not been enacted and the progress to pass the draft revision practically halted. At
this pace it may take another decade for the draft to be passed and one may even conclude that the government and the parliament seem to not want to pass it at all. This is at odds with their enthusiasm to hastily pass legislation of lesser importance as of late.
On 17 November 2011, the Indonesian government, together with the other nine governments of South East Asian countries, declared political commitments to achieve zero new HIV infection, zero discrimination, and zero AIDS-related deaths. The fact that HIV epidemic in this region
has affected more than 1.5 million people, and the concern that such epidemic may have negative consequences on the realization of an ASEAN Community, has led these ten countries to declare and renew their political commitment in achieving the ‘Getting to Zero’ goals.
In February 2012, the Community Legal Aid Institute (LBH Masyarakat) filed a right-to-information request to the National Narcotic Board (BNN) asking for copies of three of their regulations related with the investigation of drug offences. Those regulations are, Regulation of the Head of BNN number 3 of 2011 regarding the Technique of Controlled Delivery, Regulation of the Head of BNN number 4 of 2011 regarding the Technique of Undercover Purchase, and Regulation of the Head of BNN number 5 of 2011 regarding the Technique of Inquiry and Investigation of Drug Offences. However, in March 2012, BNN declined the request arguing that the regulations in question were exempted from the public information category. In April 2012, LBH Masyarakat filed an objection with regard to that decision.
Caveat - VOLUME 07/I, DECEMBER 2009 - LBH MasyarakatLBH Masyarakat
This year, Indonesia experienced an uncompromising state of affairs on human rights and bore witness to its own failing
rule of law. If these conditions further deteriorate, and the government fails to prevent such incidents, Indonesia risks
creating a state of anarchy, where the rule of law has collapsed and the enforcement of human rights is absent.
The country's failed legal reform has now been an issue for more than 10 years. Indonesia’s law apparatus, from the
National Police to the Attorney General's Office and the Supreme Court, have escaped the work of strategic and effective reforms.
In 2009, the National Police passed a decree regarding the implementation of human rights; yet torture and other violence continues. The reputation of the Attorney
General Office’s has failed to fully recover from its downfall in 2008 in which one of its high-ranking officials was imprisoned for corruption. Other senior AGO officials are
now accused of attempting to destroy the Corruption Eradication Commission (KPK). Meanwhile, the Supreme Court has not shown transparency in serving justice.
Ultimately, all three institutions have failed to exhibit integrity and transparency.
Ricky Gunawan’s opinion piece, "Indonesia’s Legal
System Biased and Unfair," corroborates this proposition.
Gunawan's opinion piece provides striking cases of a failed rule of law. He compares three cases in which ordinary people face legal procedures and one case in which a
powerful man is allegedly deceiving the law. He argues that, “Indonesia needs to reform and strengthen its legal system. Otherwise, the country will end up in pandemonium
where laws are only paper and human rights turn into human wrongs.”
Rule of Law to Ensure Safety of Journalists and Combating Impunity - Nepal : ...Abhas Rajopadhyaya
An overview of "Rule of Law to Ensure Safety of Journalists and Combating Impunity" in Nepal
Presented at a seminar to celebrate World Press Freedom Day on "Media Freedom for a Better Future" on 10 May 2014 Saturday at Kantipur City College, Putalisadak, Kathmandu
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
The process of law enforcement in Indonesia has had a bad record such as in the case of Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12 years of prison and Karta to 7 years.
Asia Catalyst – an NGO based in New York – held the 2013 Right to Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy training to grassroots groups in Asia which are working to promote the right to health.
Once again, a child from a poor socioeconomic background has become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa Senior High School when he was arrested by the police for his alleged involvement in drug trafficking.
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big cities like Jakarta or a small city like Jember in the province of East Java. People may find it difficult to prove that judicial corruption exists, but one can feel that it is there.
With 4 senior judges of the apex court casting aspersions on the Chief Justice of India the credibility of the judiciary in particular and the whole justice delivery system has hit an all time low. The row may ultimately be shoved under the carpet but it is high time that responsible citizens woke up to the perversion that justice delivery system headed by the judiciary in India actually is.
it is a presentation on basics of politics, how govt's function in India. How has Democracy Helped and Harmed India. There are some effects that i have put which cannot be seen on slideshare. Download the ppt for the best viewing experience.
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH MasyarakatLBH Masyarakat
Indonesia has been stunned by the drama of the rivalry
between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when
police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law.
Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how
Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.
In the additional feature, we present a joint open letter by LBH Masyarakat and Amnesty International addressed to
Commission III of the Indonesian House of Representatives regarding a review of the draft of the Indonesian Criminal Code. In the open letter, we focus on several issues:
Torture, freedom of expression, the death penalty, discrimination and violence against women, and crimes under international law.
Finally, Ricky Gunawan raises a recent torture case experienced by a transgender sex worker in his opinion piece entitled, “Indonesian Police Torture Must Be
Stopped.” He argues that the victim’s audacity in coming forward to complain of torture is heroic, given that he is a member of a vulnerable group that is often stigmatized and discriminated against. Thus, “his courage should not go to waste.”
Caveat - Volume April-May 2013 - LBH MasyarakatLBH Masyarakat
The process of law enforcement in Indonesia has had a bad record such as in the case of Sengkon and Karta. The two were accused of committing theft and murder of husbandandwife Sulaimans that took place in Bekasi in 1974. Bekasi District Court then sentenced Sengkon to 12 years of prison and Karta to 7 years.
Asia Catalyst – an NGO based in New York – held the 2013 Right to Health Advocacy Training in Bangkok. Asia Catalyst provides management and advocacy training to grassroots groups in Asia which are working to promote the right to health.
Once again, a child from a poor socioeconomic background has become trapped in illicit narcotic trafficking in Jakarta. In May 2013, a sixteen year old boy named Aldo (not his real name) appeared before the Central Jakarta District Court. Aldo was a student in Taman Siswa Senior High School when he was arrested by the police for his alleged involvement in drug trafficking.
Judicial corruption does not seem to pick and choose where it will occur. It can happen in big cities like Jakarta or a small city like Jember in the province of East Java. People may find it difficult to prove that judicial corruption exists, but one can feel that it is there.
With 4 senior judges of the apex court casting aspersions on the Chief Justice of India the credibility of the judiciary in particular and the whole justice delivery system has hit an all time low. The row may ultimately be shoved under the carpet but it is high time that responsible citizens woke up to the perversion that justice delivery system headed by the judiciary in India actually is.
it is a presentation on basics of politics, how govt's function in India. How has Democracy Helped and Harmed India. There are some effects that i have put which cannot be seen on slideshare. Download the ppt for the best viewing experience.
Caveat - VOLUME 06/I, NOVEMBER 2009 - LBH MasyarakatLBH Masyarakat
Indonesia has been stunned by the drama of the rivalry
between the Indonesian National Police and the Corruption Eradication Commission (KPK) as the anti-corruption saga reaches new heights. There was public outcry when
police detained two of the KPK’s deputy commissioners. This sentiment escalated when the Constitutional Court heard wiretapped recordings of conversations between high-ranking law enforcement officials and suspects in corruption cases. The recordings indicate that there is a systemic plot to eliminate the KPK and further, that justice has not been served. In this state of affairs, President Susilo Bambang Yudhoyono’s awkward neutrality is disheartening. His strong commitment to fighting corruption must be translated into practice as the epic between the “gecko” (KPK) and the “crocodile” (Indonesian police) – as coined by the latter – is alarming and threatens to collapse the country’s rule of law.
Our main report in this edition of CAVEAT will take you along the journey of this saga and examine how
Indonesia should take the opportunity to complete a thorough reform of its law enforcement institutions.
In the additional feature, we present a joint open letter by LBH Masyarakat and Amnesty International addressed to
Commission III of the Indonesian House of Representatives regarding a review of the draft of the Indonesian Criminal Code. In the open letter, we focus on several issues:
Torture, freedom of expression, the death penalty, discrimination and violence against women, and crimes under international law.
Finally, Ricky Gunawan raises a recent torture case experienced by a transgender sex worker in his opinion piece entitled, “Indonesian Police Torture Must Be
Stopped.” He argues that the victim’s audacity in coming forward to complain of torture is heroic, given that he is a member of a vulnerable group that is often stigmatized and discriminated against. Thus, “his courage should not go to waste.”
With 4 senior judges of the apex court casting aspersions on the Chief Justice of India the credibility of the judiciary in particular and the whole justice delivery system has hit an all time low. The row may ultimately be shoved under the carpet but it is high time that responsible citizens woke up to the perversion that justice delivery system headed by the judiciary in India actually is.
The principle laid down in the Best Bakery case judgement - ordering retrial and re-investigation in the cases in which all the accused had already been acquitted - would guide future cases wherever injustice was done. The apex court performed its raj dharma in protecting victims and witnesses in the worst-ever case against humanity.
-- VN Khare, Chief Justice of India, in an interview to The Times of India the day after he retired.
2. According to the Chief Justice of India there is a
pendency of 3 crore cases in India due to
non delivery of timely and effective justice
3. Consequences of
delayed justice
Some people are approaching goondas, anti-social elements and
police for settlement of inters disputes expeditiously
Many aggrieved are not prepared to knock the doors of justice
because the pain caused due to delay in delivery of justice and
ineffective justice is more painful than the actual grievance.
This can jeopardise the peaceful resolution of disputes and make
people seek justice on their own terms , and can lead to violence.
With passage of time, whatever evidence is there, it will vanish or
eclipse. Oral evidence which in most cases is vital to the most of
prosecution, will take a devious or distorted course.
4. Snapshots
What
government
can do?
Special Courts can be set up quite often in cases involving
large scale financial scams and diversion of public funds by
those in public offices or corporate management.
Action should be taken against defaulters causing delay in
trial.
Utmost care of evidences should be taken until case is
solved.
What
citizens
can do?
We can seek help of Retd. Judges as Arbitrators. Any honest
citizen can act as an Arbitrator to resolve inters disputes
equitably. Arbitrator/s can be appointed from all walks of like viz
Retd. Judges, Lawyers, Engineers, Social workers, Doctors, Retd.
IPS & IAS Officials and etc.
We should be aware of all our rights so that we are not deprived
of any of them while seeking justice.
6. The purpose is to present the collective opinion of the people
which could influence the law makers to take appropriate
decision. Securing justice - social, economic and political to
all citizens is one of the key mandates of the Indian
Constitution. But the experiences of last 63 years show that
the State has failed squarely on addressing some very basic
issues--quick and inexpensive justice and protecting the rights
of poor and the vulnerable. However personality like Nani
Phalkiwala opined that ‘Justice in common parlance is
considered as blind but in India it is lame too and hobbles on
crutches’. The justice delivery system is on the verge of
collapse with more than 30 million cases clogging the
system. There are cases that take so much of time that even a
generation is too short to get any type of redressal. That it
will take more than 300 years to clear the backlog of cases
in Indian courts is proof enough that our criminal justice
system is sick, stagnant and in urgent need of a complete
overhaul.