Konferensi Pers Pernyataan Mahkamah Agung Terhadap Penetapan Tersangka Oknum Hakim PN Surabaya

Summary

The Mahkamah Agung (Supreme Court of Indonesia) has responded to the arrest of three judges from the Surabaya District Court, accused of corruption and bribery related to criminal cases. The Supreme Court respects the legal process but emphasizes its disappointment as these judges' actions tarnish the integrity of the judiciary. While awaiting further legal proceedings, the judges have been temporarily suspended, with potential dismissal if found guilty. The court also clarified the legal procedures for arresting judges and discussed the implications of dissenting opinions in judicial decisions, reaffirming its commitment to upholding justice.

Takeaways

• 😀 Three judges from the Surabaya District Court have been arrested on suspicion of corruption, including bribery and/or gratuities, related to criminal cases.
• 😀 The defendant in the case, Gregorius Ronald Tanur, was convicted for manslaughter, which led to the investigation of the three judges.
• 😀 The Mahkamah Agung (Supreme Court) expressed disappointment over the actions of the judges but maintains respect for the legal process and presumption of innocence.
• 😀 If the judges are proven guilty, they will be recommended for dismissal by the President, following due legal procedures.
• 😀 The judges' temporary suspension will occur once their legal guilt is confirmed, pending further investigation and legal proceedings.
• 😀 The Mahkamah Agung clarified that if a judge is arrested for a crime, the arrest requires approval from the Chief Justice unless the judge is caught in the act (caught red-handed).
• 😀 The Supreme Court cassation panel overturned the initial decision of the Surabaya District Court, sentencing Gregorius Ronald Tanur to five years in prison for manslaughter.
• 😀 A dissenting opinion from the cassation panel indicates that not all judges agreed with the final decision, but the majority ruling stood.
• 😀 A question was raised about whether the judges' case would be reviewed by the Committee on Judicial Ethics (MKH), but it was clarified that MKH deals with ethical violations, not criminal charges.
• 😀 The Chief Justice of Surabaya District Court had initially defended the integrity of the arrested judges, but the subsequent legal findings revealed their involvement in criminal activities.
• 😀 The Mahkamah Agung reaffirmed its commitment to upholding judicial integrity and ensuring accountability for judges involved in criminal conduct.

Q & A

What was the reason behind the arrest of three judges from the Surabaya District Court?

The three judges were arrested by the Attorney General's Office for alleged corruption, specifically bribery and/or gratification related to their handling of criminal cases, including the case of Ronald Tanur.

How did the Supreme Court (Mahkamah Agung) respond to the arrests of the three judges?

Mahkamah Agung expressed respect for the ongoing legal process while emphasizing the principle of presumption of innocence. They also expressed disappointment over the incident, highlighting that it tarnished the reputation of the judiciary, especially after recent improvements in judicial salaries and benefits.

What is the process for temporarily suspending a judge from their position following an arrest?

Once the judges are confirmed to be under legal detention, they will be temporarily suspended from their position by the President upon the recommendation of Mahkamah Agung. If they are convicted, they will face permanent dismissal from office.

What is the legal procedure if a judge is arrested while not caught in the act?

If a judge is arrested and not caught in the act, the arrest requires approval from the Chairman of the Supreme Court, as stipulated by Article 26 of the Judicial Law. However, this requirement does not apply if the judge is caught in the act of committing a crime.

What is a dissenting opinion in judicial rulings, and how is it related to this case?

A dissenting opinion refers to a judge's disagreement with the majority ruling. In this case, a dissenting opinion was included in the judgment, where two judges expressed a different view from the majority. The dissenting opinion will be available to the public after the ruling is finalized.

How did the arrest of these judges affect the perception of the judiciary?

The arrest of the judges has significantly affected public perception of the judiciary, particularly since the Chairman of the Surabaya District Court had previously praised these judges as individuals with high integrity. The incident contradicted this earlier assessment, causing disappointment.

What were the key details of the verdict in the case involving Ronald Tanur?

The Supreme Court's ruling in the case of Ronald Tanur involved overturning the Surabaya District Court's previous decision. The court found Tanur guilty of committing an act of violence leading to death, sentencing him to five years in prison.

Why did the Attorney General's Office take action against the three judges specifically involved in this case?

The Attorney General's Office acted against these judges due to their involvement in corrupt practices, including accepting bribes or gratifications for manipulating criminal cases. This is seen as a breach of judicial integrity and abuse of their position.

What is the relationship between Mahkamah Agung and the Judicial Commission (KY) in cases like this?

Mahkamah Agung and the Judicial Commission (KY) have separate roles in cases involving judges. KY deals with ethical violations under the judicial code of conduct, while Mahkamah Agung oversees legal and administrative actions, such as the temporary suspension or dismissal of judges from office.

What legal mechanism allows for the removal of a judge from office after a criminal conviction?

If a judge is convicted and the verdict is final and binding, they can be permanently dismissed from their position. The dismissal will be proposed by Mahkamah Agung to the President for approval, resulting in the judge's removal from office.