http://thejakartaglobe.com/home/the-shadowy-world-of-indonesias-case-brokers/347256

December 13, 2009 
Nivell Rayda

The Shadowy World of Indonesia's Case Brokers

Officially, 37-year-old Yudho is a chauffeur for a senior officer at the 
Jakarta Police, but in actuality the unassuming father of three has a much more 
lucrative occupation. 

"I don't like the term 'case broker,'?" Yudho (not his real name) told the 
Jakarta Globe. "I'm just a negotiator, someone who takes care of things for 
other people. My boss knows what I do but, as long as he gets his cut, he never 
complains." 

Known locally as "makelar kasus," or "markus" for short, case brokers like 
Yudho have long been a crucial element in the corruption that permeates the 
country's legal system. However, it was only recently that the shadowy world of 
the case broker was thrust into the public spotlight. 

On Nov. 2, the Corruption Eradication Commission (KPK) released wiretapped 
telephone conversations that included a suspected case broker talking to 
several high-ranking law enforcement officials about an alleged plot to 
fabricate testimony. 

The recordings, which were aired live by several national TV stations, offered 
a glimpse of the power these case brokers can wield, prompting the government 
to make public promises to target their profession. 

>From Chauffeurs to Lawyers 

Neta S Pane, chairman of Indonesian Police Watch, said brokers could be anyone, 
from lawyers to former criminals, and in Yudho's case, even a humble chauffeur. 

"The key to being a case broker is to build close relationships with police 
officials," Neta said. 

"The first step is earning [an officer's] trust. Once the broker has done that, 
the officer will only deal with that particular broker. 

"The higher the officer's rank, the greater the broker's power." 

Yudho became a broker almost by chance. Being a chauffeur, he said, gave him 
the opportunity to interact with his boss's subordinates and gradually earn 
their trust. "A criminal suspect asked me one day why it was so easy for me to 
go from one [Jakarta Police] station to another," he said. 

"Later, he asked me to persuade one of the officers to drop a criminal charge 
against him. At first I declined, but he kept badgering me until I finally did 
it just to get him off my back. 

"But when the charge was later dropped, he gave me a wad of money worth 10 
times my monthly salary. I was hooked." 

Yudho refused to disclose how much money he made brokering, but the KPK 
recordings suggest brokers could make as much as Rp 5 billion ($530,000) per 
case. 

"It all depends," Neta said. "If it's a high-profile case - where brokers have 
to pay off high-ranking officials or where officers from several units are 
involved - it costs more. If another broker is involved, it becomes even more 
expensive. 

"For small cases, however, usually the broker just has to pay off lower ranking 
officials." 

Just Like the Real Mafia 

The term "judicial mafia" used to describe these case brokers is no 
exaggeration. Almost on a daily basis, the brokers battle each other for 
territory, respect and money, much like the real deal. 

"Some time ago, my boss got transferred to Surabaya [in East Java] and I 
followed him to try my luck brokering cases there, but I couldn't get the 
Surabaya officers to open up to me. Later, I found out the hard way that the 
resident broker didn't like me trying to muscle in on his territory," Yudho 
said, laughing. 

Yudho said it wasn't always about competition and that sometimes cooperation 
paid off. 

"While in Surabaya, I befriended [another broker] and we built up a mutually 
beneficial relationship based on my contacts with the Jakarta Police and his 
access to the Surabaya Police." 

A retired police officer, who agreed to speak to the Globe on the condition of 
anonymity, said that brokers used all kinds of dirty tricks to get an 
advantage. 

"Once, one of my men told me he was being blackmailed. He had been offered a 
prostitute and someone secretly took compromising pictures of him and the 
girl," the former officer said. 

"I found out that the blackmailer was a case broker, trying to pocket my 
subordinate. So I had my men dig up some dirt on him and when we found out he 
was a drug addict, we arrested him for drug possession." 

However, the retired officer said that he later became friends with the broker. 
"He was targeting my subordinate but got me instead," he said, laughing. 

"We had mutual respect. To me, it was just about helping a friend. 

"[The broker] also helped me when I needed him. He bought my son a house as a 
wedding gift and helped me with my promotion as a provincial police chief. 

"But now that I'm retired, not once has he called to say hello." 

Wide Range of Services 

Postponing an arrest, halting a case, witness intimidation and getting rid of 
incriminating evidence are just some of the services a case broker can offer, 
as 27-year-old Budi, a former street racer, learned five years ago. 

Budi (not his real name) was detained for 48 hours after he lost control of his 
car in a drag race, slammed into a wall at high speed and killed his best 
friend, a passenger in the car. Although he should have been charged with 
manslaughter, Budi circumvented the law with the help of a case broker. 

"My father and I tried to buy my way out of trouble and reason with the police 
officer in charge, but he told us that since my friend's family had pressed 
charges, things were not that simple," Budi said. "The officer then told us to 
contact 'Pak Sam.' My father did and everything was taken care of." 

Budi was never sure exactly what Pak Sam did or how much his father paid for 
his services, but police never pursued the case despite the overwhelming 
evidence against him. In the end, Budi only paid a Rp 500,000 fine for reckless 
driving. 

Almost immediately after the KPK recordings were made public, National Police 
Chief Gen. Bambang Hendarso Danuri announced a war on case brokers across the 
entire police force. 

Neta, however, said this pledge was little more than lip service. 

"Case brokering runs deep within police institutions. Unless police officers 
are properly paid and the rogue officers removed, case brokers will continue to 
plague the legal system," he said. 

"The police also need to finance their operational costs, which would be 
impossible to do without case brokering." 

Neta said a middle-ranking police officer had to survive on a salary of just Rp 
3 million ($320) a month, while the budget for one police patrol vehicle was 
barely enough to cover a distance of 50 kilometers a week. 

"The government should first conduct a comprehensive study of why case 
brokering occurs and take preemptive steps to tackle corruption inside the 
police," he said.


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