Jailed for stealing a watermelon?

Indonesian civil society and the Supreme Court work together on legal reforms.

In the past two years, Indonesians have watched in dismay as lengthy prison sentences have been handed down for petty theft, while some high profile embezzlers have been given far lighter sentences.

There was community outrage when a fifteen year old boy was before the courts for stealing a pair of old thongs left outside a house. The public responded by leaving dozens of thongs outside the local police station. Why would the police press criminal charges against a young person who had picked up someone’s thongs - surely this is a minor offence?

Unfortunately this boy is not alone, and the young are not the only ones affected. The most recent case was of an elderly woman named Rasminah. She was sentenced by the Supreme Court to 4 months and 10 days imprisonment for stealing 6 plates and some food. She joined an illiterate grandmother named Minah who was sentenced to 1.5 months with 3 months’ probation for stealing cocoa beans. It doesn’t stop there. Two men received 15 days imprisonment for stealing a watermelon.

These prosecutions do nothing to increase public confidence in the judicial system and are widely covered in the Indonesian and international media.

The judges are not to blame, according to Arsil, Vice Executive Director of the Indonesian Institute for an Independent Judiciary (LeIP). Arsil has been investigating the Indonesian Criminal Code and pinpoints the source of these highly visible injustices to the fifty year old definition of minor crime that has never been updated. “It is not the judges, it is the legislation,” he stated. Under the criminal code any theft over a set amount has to be treated as a serious offence. The problem is the limit of 250 rupiah is about three cents in today terms!

Arsil has worked with the Judicial Reform Team (JRTO) at the Supreme Court to revise the monetary threshold. Together they proposed a new limit of A$265 based on the changing value of gold since the 1960s. It is still a modest amount but for a lot of Indonesians this is more than a month’s wage. LeIP and the JRTO have been successful in persuading the Supreme Court to change the regulation that caused disproportionate suffering to poor Indonesians and undermined public belief in the justice system.

In February 2012, an internal regulation was issued at the Supreme Court raising the threshold for minor crimes, and placing greater emphasis on non-custodial sentences. These changes will reduce the workload of court and law enforcement agencies, and have a positive impact on overcrowding in Indonesian prisons. “This was the result of a very productive intersection by many stakeholders in the justice sector: non-government organisations, media, reformers and JRTO. But importantly we had a good sense of ownership from the Supreme Court,” said Binziad Kadafi, Senior Manager of the Australia-Indonesia Partnership for Justice (AIPJ).

Through AIPJ, Australian Aid supports both the JRTO and LeIP. Staffed by civil society, the JRTO facilitates access between civil society and the Supreme Court. “Support to the JRTO allowed us to facilitate the issuance of the regulation,” said Aria Suyudi a technical expert of the JRTO. "The support is significant. It shows civil society really can make a difference. We can be a force behind legal reform," said Arsil.

AIPJ will continue to work with these groups and the Supreme Court to improve judicial dispute resolution systems for poor and marginalized groups.