Indonesian justice system and the trivial

[dafluff]

One thing that an expat needs to remember is that the Indonesian Justice system is very different from what you are probably accustomed to. This is not about the usual corruption, bribery and incompetence. You all already know about that. This is about the fact that prosecutors have broad powers, and that they have no problem clogging up the system all the way to the Supreme Court over something totally trivial. Indonesian law definitely does not understand de minimis non curat lex.

The case that has recently made the news is the case of a laundromat operator, who was held in jail for 3 months for what is at best a minor civil case. A case where she was ultimately proven innocent.

When it was ongoing back in 2013, this case did not make headlines, nor do I think any corruption or bribery was involved as the parties involved were of modest means. In other word there was no reason for the prosecutor to act the way he/she did, other than his/her own whim, which is what is so terrifying.

The case pertains Linda, a laundromat operator, who received an order from a customer, Rose, to launder 26 kg worth of laundry. At Rp 3,000 per kg, the total bill came to Rp 78,000 (approx USD 6,-). The items to be laundered are completely mundane, mostly women's underwear and some blankets.

Rose left a phone number to contact her and an address to deliver the laundry when it is finished. However, the next day when she was to deliver the laundry, Linda said she couldn't find the address given nor did the phone number given work. Unable to deliver the laundry, Linda then stored the customers laundry at her store.

One year passes, and out of the blue, Rose returns to the laundromat, requesting her laundry. At this time the laundry has deteriorated and damaged. So Rose reported the case to the police. The police took the report and forwarded it to the prosecutors office.

This is where the story turns into a surreal nightmare for Linda. The prosecutor deemed that this case was embezzlement (penggelapan), instead of a minor civil dispute. The law on this (KUHP Ps 374) does not specify an amount that needs to be embezzled, rather just the action of illegally possessing an object/money through a work or business relation is enough.

Completely disregarding the amounts involved, the prosecutor then orders Linda to be jailed while awaiting trial. She was in jail for 3 months before the verdict of not guilty was issued on October 2013. The prosecutor apparently not taking the hint, took to the Supreme Court to file a cassation, which was finally rejected in November 2016.

There are obviously numerous issues here that are concerning:
1. You can be thrown in jail while waiting for trial over what should be a minor civil case.
2. No one in the justice system took a moment to say: this is stupid, get this out of here and never bother me with this ridiculous case.
3. A prosecutor who decided to take a case of a couple of sacks of laundry to the highest court in the land




https://news.detik.com/berita/34764...enjara-tanpa-dosa-di-kasus-laundry-rp-78-ribu
https://news.detik.com/berita/d-3473903/linda-dibui-4-bulan-konsumen-laundry-celana-dalam-masih-baru

 

[atlantis]

nor do I think any corruption or bribery was involved as the parties involved were of modest means. In other word there was no reason for the prosecutor to act the way he/she did, other than his/her own whim, which is what is so terrifying.

There is NO such thing for a prosecutor as a party of modest means. I have given the example of one of my cousin from my extended family here, who has been prosecuted and sentenced to 8 years in jail. Poor would be an understatement for him. Yet prosecutors tried to racket his mother anytime they've met. She could not even afford to give Rp 500.000, living only with the proceeds of a small kebun they don't even own. Since she couldn't pay they asked for 10 years, almost the maximum of the 12 years they were authorized to ask. Not being able to pay the judge he got 8 years. The mother wasn't able to appeal the verdict, not having the Rp 1.000.000 or Rp 1.500.000 (can't recall the amount at the moment) needed for it. But you know what? The prosecutors appealed.

In my own court case, despite having been ridiculed in court, falling flat on their face, they also refused to let it go and sought Cassation of the case to the Supreme Court. (there's no appeal to the High Court for an acquittal)

I have never heard about an acquittal in Indonesia not being brought to Kasasi in MA. I think there's none. Prosecutors need to save face and to avoid having bad marks from their hierarchy. Thus, appealing is a way to avoid taking responsibility and they won't hear from the outcome before years, having been promoted and moved before.

 

[sweetmaria]

Usually, on the laundry receipt, there's a small T&C and one of the terms is that if the laundry has not been collected for x month(s), the service provider has the right to discard or remove or give the items away.
I noticed that in all laundry receipts that I had.

Wonder if this shop has the same T&C or not.

 

[Anglian]

So indonesia is a democratic country, where everybody gets fair justice

 

[CaturMuka]

My favourite example has a Balinese flavour: http://jakartaglobe.id/news/christian-woman-jailed-in-bali-for-insulting-hindu-offerings/

 

[Euc-]

Hang-on, completely mundane? I read somewhere that the reported value of items was 10jt. At local Jakarta salaries that's 3 months' salary for most people, in some areas of Indonesia still 5 or more months salary.

Obviously this case has a different twist as the customer only came back after 1 year to collect her items, but still she's out of pocket for 10jt.

There was no need for jail time though, but some kind of compensation could've been in order..

 

[dafluff]

Hang-on, completely mundane? I read somewhere that the reported value of items was 10jt. At local Jakarta salaries that's 3 months' salary for most people, in some areas of Indonesia still 5 or more months salary.

Obviously this case has a different twist as the customer only came back after 1 year to collect her items, but still she's out of pocket for 10jt.

There was no need for jail time though, but some kind of compensation could've been in order..

That is the claimed loss by the customer. Naturally, one has to assume this is greatly inflated. Logic says one does not do 10jt worth of laundry and then forget about it for a year, nor would they do this at a laundry charging Rp 3000/kg.

 

[jstar]

Usually, on the laundry receipt, there's a small T&C and one of the terms is that if the laundry has not been collected for x month(s), the service provider has the right to discard or remove or give the items away.
I noticed that in all laundry receipts that I had.

Wonder if this shop has the same T&C or not.

You're right, I have never seen a wasserij here without those terms and conditions.

 

[atlantis]

You're right, I have never seen a wasserij here without those terms and conditions.

I guess it s because you don t give your underwears in a 3.000 per kg laundry.

My bro in law has a kios which sales food and do laundry. He has no such printed T&C on the manually written receipt his staff gives to client.

I am not familiar with his line of business but from what he told me none of his competitors use printed receipt. You come and drop your stuff, they weight it, mark it, tell you how much you will have to pay and that s it.

At 3.000 per kg I guess that you don t invest much in paraphernalia. You mostly bet on the fact that you won t have to deal with an alien of the breed of Rosalita or whatever her name was who seems to keep the same set of underwear for a year+.

Most small family business like warungs, small laundries, bengkel,...etc are totally unaware of legalities.

 

[macvert]

My wife's ex boss was apparently short changed one pair of underpants when he got his clothes back from a laundry & claimed a loss of rp500,000 (sentimental value maybe).


That was until the owner of the laundry fronted up at the office & took a swing at the boss before he ran out the back & hid. My wife said it was hilarious & the joke going around the office after that was about the boss's gold laced frilly undies,

 

[jstar]

If the pictures in the article of the wasserij in JakTim are the real ones, there will be T&C's though; they hang it even at the front at these types of businesses here, will make a pic when I walk by next time.

Rose left a phone number to contact her and an address to deliver the laundry when it is finished. However, the next day when she was to deliver the laundry, Linda said she couldn't find the address given nor did the phone number given work. Unable to deliver the laundry, Linda then stored the customers laundry at her store.

This could be the crux; in fact there was some kind of breach of contract. The question is whether all reasonable efforts had been done to assure delivery?

Of course putting someone in jail for something like this and during an investigation is unreasonable at all times.

 

[Euc-]

That is the claimed loss by the customer. Naturally, one has to assume this is greatly inflated. Logic says one does not do 10jt worth of laundry and then forget about it for a year, nor would they do this at a laundry charging Rp 3000/kg.

Of course they could be inflated, but not necessarily. 12 jeans, couple of blankets, it wouldn't shock me if they were 10jt total. But even if it wasn't 10jt, let's say it's 2, 4 or 6jt, it's still money.

I give my laundry to the kiloan in my building, they do 5kg for 50k, which works out to 10rb per kilo. I've never calculated the actual value of the clothes I give but I'm pretty sure the value (newly bought) would be way over 10jt per wash. Then I do count them out carefully and not leave them there for a year though.. Would I sue them if they lost something? Probably not. Would I want them to be put in jail? Definitely not. But I'd definitely fight for some fair compensation, a years worth of free laundry will do