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  • Standing with Standing Rock taught Episcopalians about solidarity

    first_img Featured Events Robert Nagy says: AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Rector Knoxville, TN Featured Jobs & Calls Terry Francis says: Director of Administration & Finance Atlanta, GA Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Course Director Jerusalem, Israel This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Ronald Davin says: June 22, 2017 at 11:44 am Still neither acknowledgement or taking responsibility for the actual environmental disaster these so called protesters created with their illegal encampment leaving behind a pile of garbage that posed a real threat. We are not the churchnof progressivism. But this piece sees no difference between progressive an Christianity. These same people have zero concern for their fellow Christians being persecuted in Muslim dominant countries. They turn their backs on people like Asia Bibi. Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Rector Tampa, FL Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT June 22, 2017 at 1:57 pm Sad to see some only focus on the materials left behind when the camps were closed suddenly. The operative word is “suddenly .” Guess they scanned the article instead of reading it. Otherwise they would have seen the part about this being addressed. I’m proud of the Episcopal Church coming alongside people standing up for justice. Priscilla Johnstone says: June 22, 2017 at 4:42 pm I too am proud of our Episcopal church for supporting our ministry at Standing Rock. We are called to fight for social justice in our Baptismal vows. The history of treatment of Native American tribes by us ( via our government but certainly with support of a majority of people) is a dark history; the church has taken a position of reconciliation and now support of tribal rights. As the article states, the church clarified its presence to be one of prayer, addressing needs & working for peaceful resolution. Many groups came with their own agendas and defied the chairman’s directives for peaceful witnessing. The church is not responsible for the bad behavior or negligence of others – our leadership maintained its peaceful presence and helped in areas of need. Jesus does not call us to remain comfortable and blind to those in need, he calls us to help, to be involved, to support justice. The Episcopal church led the way through its mission at Standing Rock, joined by other faith communities. This was a very moving experience for me, to see our church as an island of faith, prayerful focus on peace while supporting the rights of indigenous people; we also maintained open communication with law enforcement and offered prayers for them. Richard Basta says: Rector Smithfield, NC June 22, 2017 at 4:30 pm A considerably too long article, it does hit some very good points about social justice. How to help, what is actually helpful, how the Episcopalian church did with Standing Rock, and how they might better address these situations in the future. A church, any kind of church may stand with a cause that needs support but it doesn’t mean they are saviors. As Christ followers, we should all aim to serve. But serve in a way that is necessary and needed and asked for. The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group June 22, 2017 at 7:13 pm Richard Basta – your telling phrase…”those people”…the other…easier to haul trash than stand in freezing water getting hit by rubber bullets and water canons and chemical sprays….they did this for all of us….”those people”. I applaud and appreciate them. Some people respond by paying trash bills and some people respond by laying their lives on the front line unarmed. Tags Cathedral Dean Boise, ID June 23, 2017 at 5:45 pm yeah. trust corporations, the same corporate power that gives us superbugs, climate change, decimated pollinator populations, near-destruction of the nation’s economy, ridiculously expensive health “care”, endless military actions, obscene golden parachutes for failed executives, off-shore tax havens, job-outsourcing to overseas, sweatshops, child labor, & the list goes on & on. no, DON”T trust corporations. i am beyond proud of my Church. Jesus is for Justice. we should all be likewise. Rector/Priest in Charge (PT) Lisbon, ME Director of Music Morristown, NJ Associate Rector for Family Ministries Anchorage, AK Rector Shreveport, LA The Rev. Linda Kramer says: June 23, 2017 at 2:55 pm Here Here,well put Pjabbiness Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Ronald Davin says: Assistant/Associate Priest Scottsdale, AZ Susan Salisbury says: June 24, 2017 at 9:57 pm Den Mark Wichar, based on your rantings, you sound like you would be more at home among the protesters and rioters on the Berkeley campus than you would in a church. Typical diatribe from a typical left-winger. Always thinking you’re morally superior to everyone else. The Savior you claim to follow would not approve of your self-rightous judgemental attitude. But hey, I guess we have to have someone speak out against those heathen satanic corporations! By Mary Frances SchjonbergPosted Jun 22, 2017 Curate (Associate & Priest-in-Charge) Traverse City, MI Advocacy Peace & Justice, Rector Hopkinsville, KY Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Submit a Press Release Priest Associate or Director of Adult Ministries Greenville, SC In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Standing with Standing Rock taught Episcopalians about solidarity Lessons range from theological to nitty-gritty and logisticalcenter_img June 29, 2017 at 9:34 am I’m very proud of my church. Very proud that we, as Episcopalians, were represented so well among those who stood with the Standing Rock Sioux nation against those profiteering from the exploitation and development of oil.And, to those who criticize Episcopalians for self-righteous attitudes on this issue…God bless. Perhaps there IS an element of self-righteousness in our pride. Time to pray on that… Family Ministry Coordinator Baton Rouge, LA Submit a Job Listing Assistant/Associate Rector Morristown, NJ Youth Minister Lorton, VA Priest-in-Charge Lebanon, OH Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab den mark wichar says: Cynthia Cravens says: Rector and Chaplain Eugene, OR Curate Diocese of Nebraska Dakota Access Pipeline, Rector Albany, NY Submit an Event Listing Rector Bath, NC June 22, 2017 at 3:04 pm Actually we didn’t scan the article without reading it Pam. We have been following this story for 12 months. The protesters were given plenty of advance warning by tribal chairman archimbault and various governmental officials prior to the Feb 20th announcement to leave the camp for good. It was not just materials like tents. It was 835 dumpsters of trash, human waste and dead puppies that were hauled off at a cost of $1.1 million. But in your words you are proud to stand with those people. You can’t stand with a movement in material ways and then disavow all complicity in immoral and illegal acts after the dust settles. It doesnt work that way. If you own the movement you own the good and the bad. This article is a disingenuous attempt to absolve our church of consequences it should have reasonably forseen. Rector Belleville, IL Rector Pittsburgh, PA Comments are closed. Pjcabbiness says: Press Release Service Rector Martinsville, VA Associate Priest for Pastoral Care New York, NY Assistant/Associate Rector Washington, DC Rector (FT or PT) Indian River, MI Standing Rock Indigenous Ministries, Associate Rector Columbus, GA An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET June 22, 2017 at 4:35 pm Fools (for Christ) rush in where angels fear to tread. I give thx for the ministry of my Church at Standing Rock. Blessings to all. June 22, 2017 at 11:53 am They need to learn to clean up after themselves Missioner for Disaster Resilience Sacramento, CA Savannah Dee says: June 22, 2017 at 4:44 pm Thank you Episcopal Church! I am proud of you for trying so hard and for being brave enough and open enough to learn lessons. The Spirit of God is with us. Amen! Rector Collierville, TN June 23, 2017 at 1:33 am Valuable, necessary, job creating energy being delivered in a responsible manner for the benefit of our nation. This is a great project that has prevailed despite the disingenuous, factually erroneous, opposition that was, unfortunately, aided by our church leadership. Comments (14) Pam Herbert says: The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Bishop Diocesan Springfield, IL Canon for Family Ministry Jackson, MS Some of the more than 3,000 pounds of flour, salvaged from the Oceti Sakowin Camp of water protectors near Cannon Ball, North Dakota, sits in the Rev. John Floberg’s Bismarck garage, awaiting a new home. Photo: John Floberg[Episcopal News Service] The Rev. John Floberg has more than 3,000 pounds of flour in his garage. Depending on your point of view, the bags symbolize either the Episcopal Church’s mission and ministry or the law of unintended consequences, or both.Floberg, priest-in-charge of Episcopal congregations on the North Dakota side of the Standing Rock Sioux Reservation, salvaged the flour when the Oceti Sakowin Camp of water protectors near Cannon Ball, North Dakota, was disbanded. It’s what is left after he and others distributed hundreds of bags to area food banks.The Episcopal Church began standing with the Standing Rock Sioux Nation in mid-2016 to support its struggle against the Dakota Access Pipeline. The Church supported the tribe’s claims of tribal sovereignty and the desire to protect its drinking water and culturally important lands.Even for a church steeped in justice and reconciliation work, Episcopalians learned some lessons and were reminded of their calling to social justice work that is broad, deep and coordinated. The lessons can put the Church in good stead the next time it gets involved in advocacy on any scale.Some lessons were theological; others were logistical. Some were both.Episcopalians learned about the lengths to which they are called to reconcile with all peoples. They learned about listening and discerning before acting. The Church learned that standing in solidarity can come with unexpected costs.“For us as a Church, what we are learning is what we already know; it’s just being affirmed for us, which is when we want to partner with communities whose health and livelihoods are being threatened, we really need listen to what it is they want and not presume that we know best,” said Heidi Kim, Episcopal Church’s staff officer for racial reconciliation.The Rev. Bradley S. Hauff, Episcopal Church missioner for indigenous ministries, suggests Standing Rock reminded Episcopalians that “issues of justice, whether it’s political, economic, environmental, racially based injustice, must be priorities to our Church because it is what we do as followers of Christ.”Local Episcopalians and, at times, Episcopalians from elsewhere, ministered to the locals and newcomers who joined the protest. The gathering drew members of close to 300 tribes in an unprecedented show of unity that resurrected the indigenous rights movement in the United States. Upwards of 6,000 to 10,000 people, indigenous and non-indigenous, were gathered along the river.The Rev. Lauren R. Stanley, left, superintending presbyter of the Rosebud Episcopal Mission (West), and the Rev. John Floberg, priest-in-charge of the Standing Rock Episcopal Mission on the North Dakota side, shortly after the announcement by the U.S. Army Corps of Engineers. Photo: Paul Lebens-EnglundThe pipeline crosses under Lake Oahe, part of the Missouri River that flows along the eastern edge of Standing Rock. The tribe has water, treaty fishing and hunting rights in the lake. Sioux leaders repeatedly warned an oil spill would damage the reservation’s water supply and said the pipeline posed a threat to sacred sites and treaty rights.The company that built the pipeline, Energy Transfer Partners, says it will be safe and better than transporting oil by truck or railcar. Oil began flowing through the entire 1,172-mile, 30-inch diameter pipeline on June 1. The line will carry up to 470,000 barrels of oil a day from the Bakken oil field in northwestern North Dakota – through South Dakota and Iowa – to Illinois, where it will be shipped to refineries.Hauff said Episcopalians have learned they are called to such advocacy work “regardless of the outcome, regardless of whether we’re successful.” The tribe has not yet achieved its objective of getting permitting authorities to abide by its treaty rights and renegotiate a route to take the pipeline away from its drinking water.“But, that doesn’t matter. We do it because it’s the right thing to do,” Hauff said. “We’re called to try. Whether we succeed or not is out of our hands. But we have to try and keep on trying to correct the flaws of the world, or at least point them out.”Standing Rock’s story continues to unfold. On June 14, a federal judge ruled that the U.S. Army Corps “did not adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice.” U.S. District Court Judge James Boasberg said the Corps needs to reconsider those issues. Whether Dakota Access must cease pipeline operations in the meantime is a separate question, which he has yet to consider.‘Reputation’ and racismWhen local resistance to the pipeline’s route began in April 2016, Floberg and other Episcopalians began discerning the Church’s place in the budding water-protection movement. They organized to help the tribe protect its sovereign rights and its drinking water.Floberg, who has ministered with and to reservation residents for more than 20 years, repeatedly asked all Episcopalians to stand with the tribe. He urged them to avoid the other agendas that swirled over the Missouri River.His behind-the-headlines work, along with a September visit by Presiding Bishop Michael Curry and the Executive Council’s support, changed the Church’s reputation on Standing Rock.Presiding Bishop Michael Curry speaks Sept. 24 at Oceti Sakowin Camp. Photo: Mary Frances Schjonberg/Episcopal News Service“It is widely known that the Episcopal Church stepped in. It’s widely known that the Episcopal Church laid it out there and put its own life, its own reputation, out there alongside the tribe and all its members,” Floberg said.Early on pipeline and law enforcement officials developed a disinformation campaign to discredit the protesters. They used “a lot of very provocative language,” Floberg said, referring to “an ideologically driven insurgency with a strong religious component.” The Intercept website recently reported that the pipeline company hired TigerSwan, a security firm founded by retired military special forces members, to lead that effort.“Even when we were being discredited, even when the arrests rose into the hundreds, even 700, the Episcopal Church did not abandon its commitment and its public statements,” Floberg said. “That was critical.”Some water protectors’ goals and tactics did not coincide with those of the Standing Rock Sioux, but, Floberg said, he knew the core was a peaceful movement. “I also knew the state of North Dakota was using tactics that were escalating the whole thing, and now there is evidence out there in public,” he said of TigerSwan’s report involvement.The Rev. Lauren Stanley, supervising presbyter on the neighboring Rosebud Reservation in northwestern South Dakota, said the Church had been making “a huge difference with relations between whites and natives.” But, she said, “Standing Rock brought out the worst of the racism,” she said. It was hard to find allies among the non-native population in the Dakotas.Floberg belongs to a fledgling ecumenical clergy group that seeks to address the persistent racism.More than 500 interfaith witnesses march north along Highway 1806 Nov. 3 to the Backwater Bridge where they formed a Niobrara Circle of Life. Photo: Lynette Wilson/Episcopal News Service“To be able to stand up for native rights, which nobody pays attention to in this country at all, galvanized this Church to say, ‘Yes, this is a baptismal covenant moment,’” Stanley said. “Are we going to respect the dignity of every single human being, are we going to work for justice and peace, or aren’t we?”Standing with Standing Rock turned out to be risky to the Episcopal Church’s reputation, even among its own members. “We learned that some people in the Church – and this is probably not a new learning for the Episcopal Church at all – can’t tolerate the Church taking a position that is contrary to their personal one,” Floberg said. “So, we lost some people in the Episcopal Church in North Dakota based on this. I know that we lost some in Minot, we lost some in Bismarck.”Advocacy through action, not just wordsYet, that involvement impressed others. People who aren’t churchgoers, especially indigenous people, were not used to seeing Christians in solidarity with native people. For Episcopalians to stand with Standing Rock activists who were not only not Episcopalian, but not Christian, “meant the world to people who are involved in these battles,” Hauff said.For the Rev. Brandon Mauai, a deacon on the Standing Rock Sioux Reservation and one of the organizers of the Episcopal Church’s response, the emerging solidarity between the Church and indigenous people held a powerful lesson.“Not only did we stand with the people of Standing Rock and all native nations, but also, we were able to stand amongst them as a Church and to tell them we, the Episcopal Church and many other denominations, have repudiated the Doctrine of Discovery,” Mauai said.The Episcopal Church in 2009 renounced the document issued in 1493 that purported to give Christian explorers the right to claim lands they “discovered” and convert the people they encountered. During an interfaith gathering of more than 500 clergy on Standing Rock on Nov. 3, ministers burned a copy of the document near the Oceti Sakowin Camp’s scared fire.Religious leaders representing Episcopalians, Lutherans, Presbyterians, Baptists and others read their faith’s repudiations of the Doctrine of Discovery. Then they gave a copy of the 15th century document that gave Christian explorers the right to claim the lands they discovered to elders in Oceti Sakowin Camp and asked them to burn it. Photo: Lynette Wilson/Episcopal News Service“General Convention can pass resolution after resolution repudiating the Doctrine of Discovery and that is all fine and dandy, but not every native person is an Episcopalian,” Mauai said. “To be in their presence and symbolically burn this piece of paper and tell them that we don’t believe in this document and that we are here for you, it meant a lot.”As a native person and as an Episcopal deacon, Mauai said, the ashes of that document symbolized the beginning of something that has needed to happen.“It is our duty to go out there and make it known, and act in such a way that we’re compassionate and wanting to reconcile for anything that our ancestors of the previous churches might have done,” he said.Listening before actingThe Church’s stand with Standing Rock gave Episcopalians a way to “put their Baptismal Covenant vows into action in a way that is desperately needed in this country,” Stanley contends.Yet, it was important for Episcopalians to not assume they knew exactly how to act out those vows on Standing Rock. They needed to listen to what the people there needed from the Church and, Hauff said, what they did not need.They need to learn that “not all indigenous people are of the same mind on all issues” and many are politically and theologically conservative, he said.Carmen Goodhouse, a full-blood Hunkpapa Lakota and a third-generation Episcopalian, speaks with Presiding Bishop Michael Curry during a listening time Sept. 24 at Oceti Sakowin Camp. South Dakota Bishop John Tarrant is beside Curry. The Rev. John Floberg, behind Curry, arranged the session. Floberg is supervising priest of the Episcopal churches on the North Dakota side of Standing Rock Reservation. Former Executive Council member the Rev. Brandon Mauai, left of Floberg, also welcomed Curry to the camp. Photo: Mary Frances Schjonberg/Episcopal News ServiceMany tribal members recognized the economic benefit that would flow during the pipeline’s construction and its management, he and Kim said. They were not universally opposed to fossil fuels or to oil pipelines.All the Sioux Nation wanted, Kim said, was to protect its drinking water the way people in Bismarck did. They objected to the pipeline coming too close to the capital city’s water supply, and the Corps change the route.Some environmental activists used the pipeline to protest any use of fossil fuels, Hauff said. That made for conflicting agendas and tactics, some enacted by people who indulged in what Kim called a self-congratulatory attitude about being activists “on the reservation.”The Episcopal Church was just one of many groups that got involved with Standing Rock. “We had no control over what all the other groups did, but we had control over ourselves and I think we did well,” Hauff said.Kim said that Floberg’s leadership on Standing Rock epitomized the Church’s role and can be a guide to future advocacy.“One of the things I liked about how John [Floberg] organized the clergy and lay folks coming to Standing Rock was that it was just prayer – prayer and peaceful demonstration,” Kim said of the Nov. 3 gathering. Some clergy from other denominations traveled north to Bismarck later that day, determined to get arrested to show their commitment. Floberg consistently counseled against such demonstrations.Oceti Sakowin camp spreads out in late January along land near where the Missouri River meets the Cannonball River. North Dakota Highway 1806 run across the top of the photo. Photo: Oceti Sakowin via FacebookMinistry of presence in practical formAlong with advocacy and solidarity, the Church had a nitty-gritty and practical ministry of presence.St. James Episcopal Church in Cannon Ball, one of the churches Floberg serves, offered an inside place to meet. Its kitchen and working Wi-Fi were bonuses. The Episcopal Church flag flew in Oceti Sakowin Camp. The area it marked was known as a welcoming place.To anticipate where they were needed, Floberg and others watched what was happening and listened to what was being said, including on social media. They soon realized the camp needed portable toilets and dumpsters. Episcopalians told the rest of the Church that they wanted to help the tribe pay for them. People donated money.Episcopalians could not anticipate other needs so clearly. Floberg said ministry on Standing Rock “would have always been behind the eight ball” had it not been for people who contributed money and trusted in its wise use.Episcopalians donated $116,369.29 to the Stand with Standing Rock effort, according to Floberg. The money covered things such as Christmas dinner at St. James, various kinds of support in the camps and housing costs. Anticipating future needs, Episcopalians bought a cargo trailer, a dump trailer and a skid-steer loader.When the authorities decided to close the camps, they turned to Episcopalians for help. Floberg saw the Church’s first task: “We’ve got to get people out of this without harm.” He enlisted people with pickup trucks and vans.Then, there was all the material left behind. A December blizzard had collapsed and buried tents and other flimsy structures – debris that the tribe did not want spring floods to sweep into the river.Plus, Floberg said, “everybody that came to the camp seemed to need to bring a bag of macaroni or a bag of flour.” Moreover, people sent material goods that were not needed. The donations were an unintended consequence of constant media coverage. Some, Kim said, came with what she called a “colonial model” assumption that the reservation was so poor that residents would appreciate the donations.Before and after the closing, Floberg helped salvage and distribute of more than 7,000 pounds of rice, beans and macaroni, as well as much of the flour, to area food banks. The remaining flour is now in his garage, awaiting a home.Gilbert Summers, left, and Isaiah Floberg collected usable food at the Oceti Sakowin Camp in February so it wouldn’t get washed away in spring flooding. Photo: John FlobergNow what?“What we know in the Church is that now when the camps are empty and the pipeline is going through, now is when we are truly called to walk in solidarity with the community whose water is being threatened,” Kim said. “Just because the cameras have gone away, doesn’t mean the ministry has gone away. Now that the cameras have gone away the ministry can begin in earnest.”That lesson was one the Church began to learn as Episcopalians responded to the aftermath of the 2014 killing of Michael Brown in Ferguson, Missouri, Kim said.Mni Wiconi, Water is Life, has been the motto of the resistance to the Dakota Access Pipeline whose route now passes a half mile north of the Standing Rock Sioux Reservation in North Dakota. Photo: Mary Frances Schjonberg/Episcopal News Service“What we’re recognizing is that we need to take a step back from all the hyperbole,” she said. “You can’t really engage in a conversation around discernment, collaboration and true partnership when all of that is going on.”While the Episcopal Church continues to minister with and to the Standing Rock Sioux Nation, Episcopalians elsewhere can use the example in their own communities.“Find out whose territory you are living in. Don’t make the big claim about Standing Rock unless you’re willing to put forth the effort locally,” Floberg said. “What’s true about Standing Rock’s relationship with the federal government, what’s true about Standing Rock’s issues and problems, it’s true all over Indian Country. It’s not that the federal government is dealing differently with Standing Rock than they are with some other tribal entity elsewhere.”Hauff said there is an even larger lesson for the Church. Its staying power – and its most effective ministry – needs to be rooted in a discipline to “not jump into every cause célèbre that may happen in the world,” he said.“We’re not in there to get the headlines and the attention. We are always about doing what is right, regardless of whether there is any attention paid to it at all,” Hauff said. “It’s not about photo ops; it’s not about getting the lead story on the evening news. If we do, that’s great but … that’s not the end-all of it.”– The Rev. Mary Frances Schjonberg is senior editor and reporter for the Episcopal News Service. Dr. April Love-Fordham says: Rector Washington, DC New Berrigan Book With Episcopal Roots Cascade Books last_img read more

  • Supreme Court seeks to eliminate disparities in graft sentences

    first_img“I’m still baffled as to why each graft defendant receives a different sentence,” ICW researcher Kurnia Ramadhana said recently.“It only reaffirms the longtime public assumption that justice isn’t always blind to those with more power and resources in this country.”Read also: Weakened KPK may face hurdles in probing social aid graft: ActivistsAs a fix, the antigraft watchdog urged the Supreme Court to draft a set of guidelines for use by corruption court judges, which Kurnia said was required to restore public faith in judges’ determination to combat corruption. Otherwise, the public would assume that the principle of fair trial was not being heeded in the courts. A perceived inconsistency in the sentencing of graft convicts has put pressure on the Supreme Court to draft a set of guidelines for judges to follow, as antigraft experts call for a clearer sentencing policy for the nation’s corruption courts.Graft sentences can vary wildly in Indonesia, a country steeped in corrupt practices in both the public and private spheres, where access to power and resources can often affect the outcomes of proceedings in court, in prison and long after sentencing.Most recently, a study by Indonesia Corruption Watch (ICW) found that corruption court judges hand out varying degrees of punishment to graft convicts in different cases who are culpable of the same or similar charges, without providing any reasonable explanation. “The Supreme Court needs to draft sentencing guidelines so […] that the quality of the Indonesian justice system will eventually improve,” he said.While the nation has strengthened its antigraft response since the founding of the Corruption Eradication Commission (KPK) 18 years ago, pushback from political power brokers and conflicts of interest have stymied much of the movement’s progress in recent years.Indonesia currently sits middle of the table at 85th place out of 180 nations surveyed in Transparency International’s 2019 Corruption Perception Index.Read also: 2019: A grim year for antigraft fightKurnia said his suggestion was based on an ICW study released on April 22, which found that judges across Indonesia meted out an average two-year-and-seven-month prison term for graft convicts last year, a slight increase from 2018’s figures.More disconcerting, however, is how the study recorded several cases of judges doling out different sentences in different court cases, even though the defendants often faced the same charges.In July last year, for instance, judges at Makassar Corruption Court in South Sulawesi handed former Bategulung village head Muh. Said a 2.5-year prison term for embezzling Rp 542 million (US$36,133) in village funds from 2015 until 2018.In misusing state funds for personal gain, the judges found Said guilty of violating Article 2 of the 2001 Corruption Law.In a separate case, judges in Banjarmasin Corruption Court in South Kalimantan found former Hambuku village head Datmi guilty of embezzling Rp 43 million in village funds intended to finance the construction of a bridge.The judges handed him a harsher four-year prison sentence, even though he was found guilty of the same charges as Said.Read also: Activists warn of potential graft as govt sets aside billions for COVID-19 reliefThe disparity in graft convictions did not just occur last year.Most notably, former adjutant to the head of the East Java Agriculture Agency, Anang Basuki, got off lightly with an 18-month prison term in 2017 in a bribery case that saw him violate Article 5 of the Corruption Law.In another bribery case that went to trial a year earlier, Kasman Sangaji, a former lawyer to Dangdut singer Saipul Jamil, was given five years in prison despite facing similar charges to Anang.“This has led us to believe that every judge has a different way of interpreting graft cases that fall under the same articles in the Corruption Law, simply because there is no guideline to determine how punishments are meted out,” Kurnia said.Read also: KPK wants death for corruption convicts during COVID-19 outbreakWhile defending the judge’s prerogative in determining a sentence, a member of the University of Indonesia’s Judicial Watch Society (MaPPI) agreed that a set of guidelines would help the arbiters of justice determine the right sentence for graft defendants.The group itself has been assisting the Supreme Court with setting up such guidelines since 2018.MaPPI researcher Adery Ardhan said on Saturday that the public expected judges to be able to explain their considerations in handing down sentences or otherwise face accusations of unfairness.“The guidelines can also preserve their credibility too, because once defendants raise doubts about their sentences, judges can use the guidelines to defend their rulings,” Adery told The Jakarta Post.Supreme Court spokesman Andi Samsan Nganro acknowledged that there were concerns about the disparity in graft convictions, and said the court had already started drafting the necessary guidelines.The guidelines, expected to be completed this year, will set out a list of conditions whereby judges can make sentences more or less severe, and is expected to include a mechanism to determine how a defendant’s role in a case affects the final verdict.Read also: KPK terminates 36 investigations amid declining public trust“We established a working group earlier this year to draft the guidelines. We hope we can finish them immediately as they are currently being finalized,” Andi said.Separately, KPK spokesman Ali Fikri also expressed hope that the court would immediately issue the desired guidelines, noting that the commission had also been involved in the drafting process.Topics :last_img read more

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