No more scapegoat after extradition treaty

The Sunday Times, April 29, 2007


This is an editorial which was published in the Jakarta Post on April 26

JAKARTA - FOLLOWING the signing of the landmark extradition treaty with Singapore on Friday, the government will lose a favourite scapegoat, one that has long saved it from public anger. That scapegoat is, of course, Singapore.

The city state has often been used as justification for the government's inability, and refusal, to investigate major corruption cases and bring to justice those who have stolen state money, often aided by generous officials.

For Singapore itself, the treaty is a big relief. Since the 1980s, Indonesian politicians and law enforcers have pointed their fingers at the wealthy state as the only thing keeping corruption rampant in Indonesia, as though Indonesia would join the graft-free club the instant Singapore agreed to sign the treaty.

Many Indonesians tend to forget it is very easy to find corrupt big fish here who remain untouchable despite the government's anti-corruption rhetoric. Even when taken to court, many of them are acquitted due to inadequate evidence.

There is a tremendous amount of distrust in the legal world among the public which means the government cannot blame outsiders for this incompetence.

Last month, Vice-President Jusuf Kalla accused Singapore of being reluctant to sign the treaty because he believed it did not want to lose the billions of dollars allegedly brought in by dubious tycoons during the 1997-98 Asian economic crisis.

In February, Indonesia unilaterally banned the export of sand to Singapore on the pretext of environmental concern. It was very clear, however, that Jakarta wanted to push Singapore into signing the treaty.

When they meet in Bali on Friday, Singapore Prime Minister Lee Hsien Loong can tell President Susilo Bambang Yudhoyono: 'We will see how it will work.'

In the presence of the two leaders, Minister of Foreign Affairs Hassan Wirayuda and his Singaporean counterpart George Yeo are expected to sign the long-awaited treaties on extradition and defence.

After years of negotiation and public outcry, especially from the Indonesian side, the two countries will eventually resolve one of their most sensitive disputes.

While the defence treaty is also important, the extradition issue is more so for Indonesia. With this treaty, Indonesia is entitled to ask Singapore to repatriate Indonesian citizens who are accused of committing serious crimes at home.

However, as Singapore's legal system is based on British law while Indonesia uses the continental system, the legal procedures will be often complicated.

The treaty is only a piece of paper. It does not have a magic power to stamp out corruption in the country. The problem rests with Indonesia rather than Singapore.

Even if it is true that many Indonesians have escaped to Singapore along with their ill-gotten money, and Singapore agrees to extradite them to Indonesia, are we able, and willing, to bring them to court and uphold the law? Will they be jailed for the crimes they commit, or will they be made into cash cows by the people trusted to enforce justice?

Many believe a lot of wanted individuals can easily enter and leave Indonesia as frequently as they want, often by using original and authentic immigration documents.

Despite all the scepticism, however, an extradition treaty signed by the two countries will contribute to the creation of a corruption-free Indonesia, no matter how unrealistic it is for the time being.

Only time will tell whether we can make full use of the treaty to root out corruption.