Wednesday, October 9, 2013

Take bribes from both sides, then rule fairly... (Indonesia)

Partly corrupt or corrupt impartiality?
Well, after all of that drama, it turns out that the person who allegedly bribed Akil Mochtar won his case before the Constitutional Court after all. According to The Jakarta Post, the MK ruled that Gunung Mas Regent Hambit Bintih did not engage in systematic fraud during the election. Obviously, given the corruption charges against Akil, many will be suspicious of this outcome.

However, it wouldn't be the first time a judge solicited money for a decision that he had already decided. Judges can abuse the information asymmetry that exists between the bench and the litigants to encourage parties engage in bidding to ensure their victory. (Nick Cheesman has written quite a bit about this type of corruption in Myanmar)

Or, as Sir Francis Bacon famously said, "I usually accept bribes from both sides so that tainted money can never influence my decision."

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