Legal Literacy - Every cause must have an effect; everything done must have consequences attached to the action. Recently, there has been sad news about the death of public trust in the judicial system in Indonesia due to the dismissal of three District Court Judges who acquitted the defendant murder Ronnald Tannur who is the son of former DPR-RI (People's Representative Council) member Edward Tannur from the PKB faction. This has caused friction from the public to demand justice for the family of the victim, Dini Sera Afrianti. This makes it interesting to examine the influence of this case on the court's dignity.
Brief Chronology of Ronald Tannur's Acquittal Verdict and Its Controversies
On Wednesday (24/7), the acquittal verdict by the Panel of Judges of the District Court shocked visitors who attended the court session. The defendant, Gregorius Ronald Tannur, the son of former member of the DPR RI from the PKB Faction, Edward Tannur, who was previously prosecuted by the prosecutor with a sentence of 12 years in prison and restitution to the victim's family amounting to Rp. 264.6 million, referring to Article 338 of the Criminal Code, or the second Article 351 paragraph (3) of the Criminal Code, or the third Article 359 of the Criminal Code and 351 paragraph (1) of the Criminal Code. (Amir Baihaqi, 2024)
"Acquitting the defendant of all charges, ordering the defendant to be released from custody after this verdict is pronounced, granting the defendant's rights regarding their rights and dignity," said presiding judge Damanik, reading out the verdict on Wednesday (24/7/2024). (Amir Baihaqi, 2024) In the judge's consideration, based on the evidence presented in court, it did not give the Panel of Judges confidence that Dini Sera Afrianti's death was caused by the defendant's actions.
The incident has sparked controversy in the public eye. The Head of Intelligence at the Surabaya Prosecutor's Office, Putu Arya Wibisana, highlighted several pieces of evidence that were ignored by the judge, leading to Ronald's acquittal. According to him, the evidence ignored by the judge included a visum et repertum letter stating that there were internal injuries due to blunt force trauma and traces of being run over by a car. This should have been a fact that the panel of judges considered, said Putu on Thursday (25/7/2024). (Hilda Rinanda, 2024) Thus, the prosecutor assessed that the judge, in deciding the case, had ignored evidence.
In short, the Judicial Commission also responded to the Surabaya District Court's decision against the defendant Gregorius Ronald Tannur, who was previously sentenced to 12 years in prison and payment of restitution to the victim of 263.6 million or 6 months in prison if the restitution was not paid. "This acquittal raises questions and controversy in the community, which may feel that justice has been violated," said KY spokesperson, Mukti Fajar Nur Dewata on Thursday (25/7/2024). Mukti stated that the KY is taking the initiative to examine the decision in order to investigate alleged violations of the Code of Ethics and Guidelines for Judge Behavior (KEPPH). (Diva Suukyi Larasati, 2024)
Proven to Have Violated the Code of Ethics and Guidelines for Judge Behavior (KEPPH), the Judicial Commission Dismisses 3 Judges of the Surabaya District Court Who Acquitted Ronnald Tannur
The acquittal given by the panel of judges of the Surabaya District Court to the defendant Gregorius Ronald Tannur in the Dini Sera Afrianti murder case has led to an external examination by the Judicial Commission (KY). The results of the examination ultimately recommended honorable dismissal or dismissal. From the results of the examination, the KY determined that the panel of judges had violated the Code of Ethics Guidelines and Judge Behavior (KEPPH). (Rofiq Hidayat, 2024)
Chairman of the Judge Supervision and Investigation Division Joko Sasmito during a consultation meeting with Commission III "imposed a severe sanction on the reported judge in the form of permanent dismissal with pension rights and proposed that the reported parties be submitted to the Judge Honor Council", Monday, (26/8/2024). Joko also said that a number of violations were found with a high level of classification.
Based on a number of findings, Joko mentioned that the judges read out legal facts and legal considerations related to the elements of the indictment that differed between what was read out in court and what was stated in the copy of the verdict in case Number 454/Pid.B/2024/PN.Sby. According to him, there were differences in legal considerations between the results of the visum et repertum and the testimony of expert witness Dr. Renny Sumino from RSUD Dr. Soetomo. In addition, the reported judges never considered or gave an assessment of the CCTV evidence in the Lenmarc Mall Basement parking area submitted by the public prosecutor. (Regional Team, 2024)
The Relationship Between the Judge Profession and the Court's Dignity
The profession of judge is one of the noble professions (officium nobile), this is because working as a judge is not merely a job to "carry out obligations", but the job is a calling. Work that includes officium nobile in practice requires integrity, thoroughness, perseverance, and high dedication. Thus, the profession of judge is also bound by a code of ethics and professional conduct guidelines. “De Ethiek Omvat de Regels van Religie, Moraal, Recht en Zeden” which means, ethics, includes the provisions of religion, morality, law, and propriety.
The court is often referred to as the last bastion of justice, therefore, judges in carrying out their profession must go beyond the context of thinking normatively. Judges must follow, explore, and research the values that live in society in order to produce decisions that provide justice for the community. In order for judges in carrying out their profession to provide a value of justice, judges are bound by attitudes and behaviors including:
- Judges must carry out their profession independently on the basis of factual assessments, and reject outside behavior, enticements of pressure, interference from anyone, either directly or indirectly;
- Judges must be free from pressure from the public, mass media, and from executive, legislative, and other state institutions, especially those related to a case that must be judged;
- Judges encourage guarantees of independence in carrying out judicial duties both individually and institutionally;
- Judges must maintain and demonstrate an image of independence and promote high standards of conduct to strengthen the credibility of the court.
It is stated that judges in carrying out their duties must show an image of independence to increase the credibility of the court. This is because the judiciary is also included in the "state institution" which is authorized to enforce law and justice. So that the judge's decision which has a nuance of "Landmark Decision" should provide benefits and justice for the community. Thus, judges in carrying out work that is officium nobile, must make considerations between the existing facts and the law that regulates it in order to create harmony between certainty, justice, and the usefulness of the law.
When connected to the case involving Ronnald Tannur as the son of ex-DPR-RI Edward Tannur from the PKB faction, it may give rise to a tendency of a conflict of interest (conflict of interest) which leads to the disruption of the judge's independence in deciding cases. This has an impact on the imbalance before the law (inequality before the law). As a result, public trust in the courts can also be disrupted due to violations of the code of ethics and guidelines for judge behavior.
Source
- Amir Baihaqi. (2024). Indicted for 12 Years But Acquitted, This is the Chronology of the Ronald Tannur Case. Detikjatim. https://www.detik.com/jatim/hukum-dan-kriminal/d-7455640/dituntut-12-tahun-tapi-divonis-bebas-ini-kronologi-kasus-ronald-tannur
- Diva Suukyi Larasati. (2024). The Judicial Commission Responds to the Acquittal of Gregorius Ronald Tannur by the Surabaya District Court. Tempo.co. https://metro.tempo.co/read/1895720/komisi-yudisial-tanggapi-putusan-bebas-gregorius-ronald-tannur-oleh-pn-surabaya
- Hilda Rinanda. (2024). Controversy Over the Acquittal of Ronald Tannur, Son of Former Member of the House of Representatives Who Was Accused of Killing His Girlfriend. Detikbali. https://www.detik.com/bali/hukum-dan-kriminal/d-7457797/kontroversi-vonis-bebas-ronald-tannur-anak-eks-dpr-ri-yang-didakwa-bunuh-pacar/2
- Rofiq Hidayat. (2024). The Careers of Three Judges Who Acquitted Ronald Tannur are on the Line. Hukum Online.
- Tim Regional. (2024). A Number of Findings by the Judicial Commission Which Became the Reason for the Dismissal of 3 Judges of the Surabaya District Court Who Acquitted Ronald Tannur. Liputan6.com. https://www.liputan6.com/surabaya/read/5684776/sejumlah-temuan-ky-yang-jadi-alasan-pemecatan-3-hakim-pn-surabaya-yang-vonis-bebas-ronald-tannur#:~:text=Tiga%20hakim%20yang%20diberi%20sanksi,%2C%20Mangapul%2C%20dan%20Heru%20Hanindyo.&text=Anggota%20Komisi%20Yudisial%20RI%20dan,dan%20Perilaku%20Hakim%20(KEPPH).
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