Sabtu, 13 April 2013

Is a licence to rule a licence to kill?


Is a licence to rule a licence to kill?
Julia Suryakusuma  ;   The Author of Jihad Julia
JAKARTA POST, 13 April 2013

  
Bagus, my driver, recently arrived at my house totally distraught. He had just been told that his 16-year-old son, Amir, had been involved in a traffic accident.

Amir was walking to school that morning, as usual, when suddenly a speeding car careened down the road and drove straight into him. It turned out the driver was another 16-year-old. Naturally, he did not have a driver’s license. Amir was badly shaken but, amazingly, only his foot was injured. Things were bad enough, but they could certainly have been a lot worse.

The police had arrived on the scene. They took the terrified teenage driver to the police station, slapped him around a bit and locked him up. The driver’s parents were notified and rushed back from Bandung. They went first to the hospital and assured Bagus they would take care of all the medical expenses until Amir had fully recovered. 

However, they begged Bagus not to take the matter any further, because, as the mother tearfully said, “Please take pity on Rendi [her son, not his real name], I don’t have the heart to see him jailed and have his schooling disrupted”. Driving without a driver’s license and causing an accident could have landed Rendi at least eight months in the slammer.

“Pity your son? What about my son?” Bagus replied. “He could have been killed thanks to your son’s reckless driving. What’s the difference between your son and mine?” The mother could say nothing, because deep down inside she knew the truth of what Bagus had said. But since the injury was not as serious as it might have been, Bagus took the police’s advice to settle and did not press further charges.

However, the family of the victims of another case of reckless driving that took place on Jan. 1 this year, causing two deaths and badly injuring three, did not settle. Instead, they had to resign themselves to the extremely lenient sentence given to the 22-year-old driver who, according to law, faced up to five years 
imprisonment. 

The young man in question was Rasyid Rajasa, the son of Coordinating Economic Minister Hatta Rajasa. Known as “Mr. Silver Hair”, Rajasa Sr. is an in-law of President Susilo Bambang Yudhoyono (the President’s youngest son, Eddie “Ibas” Bhaskoro, is married to Rajasa’s daughter, Aliya). Rajasa Sr. is also likely to be the presidential candidate of the National Mandate Party (PAN) in 2014.

Perhaps that was why the police did not slap Rasyid around as they did with Rendi, or even detain him. In fact, Rasyid seems to have received the kid glove treatment. Instead of being jailed, he received a sentence of six months probation and a Rp 12 million (US$1,236) fine. Basically, he walked away scot-free — just as long as he does not reoffend during his probation period. 

In justifying their decision, the judges noted that Rasyid had taken responsibility for his actions (by helping the victims, visiting them, giving them monetary compensation, replacing the damaged car, etc). In his defense statement, Rasyid also told the judges he was pursuing his studies in London and, as Rendi’s mother had pleaded in the defense of her son, a prison sentence would have disrupted his studies and his future (yeeesss … but isn’t that is one of the purposes of jail?). 

And what about the two victims of Rasyid’s reckless driving — Harun (57) and M. Raihan (15 months)? Their lives were more than simply disrupted: they were terminated. You do not have much future if you are stone-cold dead! Are the values of their lives less than that of Rasyid’s? It depends who you are asking, I guess.

When the President heard about the accident, he expressed his keprihatinan (sympathy and concern) toward the musibah (disaster, tragedy) that had befallen Rasyid. I hope he also expressed his keprihatinan toward the family of the deceased too. After all, he is the President of all Indonesians, not just of the oligarchy, isn’t he?

Indonesia prides itself on being the third-largest democracy in the world and a state governed by the rule of law. Oh really? You could have fooled me! No wonder there is now a petition on change.org “to treat, put on trial and punish Rasyid Rajasa in accordance with the law”. 

I remember another Hatta, Mohammad Hatta, one of the founding fathers of the republic. He believed in the notion of daulat rakyat (people’s sovereignty) for Indonesia. Sadly, the way things are now, it looks more like it is daulat tuanku (the divine right of kings) that applies, with our rulers thinking l’etat c’est moi (the state is me). 

Rajasa Sr. has presidential ambitions. But can the presidential promise to uphold the supremacy of the law be credible if a family member who broke the law goes virtually unpunished? Perhaps Rajasa Sr. should follow the example of Yudhoyono, who did not stop another of his in-laws, former deputy governor of Bank Indonesia Aulia Pohan, from serving 4.5 years for corruption in 2009. Indeed, this may have been one of the reasons why Yudhoyono won a second term.

So it looks to me like Rajasa has to choose between either his silver-spoon-in-mouth son, or his presidential bid. You cannot have it both ways, Mr. Silver Hair. After all, the electorate is not stupid. It knows that a license to rule does not mean a license to kill. 

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