KY Dismisses 3 Judges Acquitting Ronnald Tannur: Evidence of Impaired Judicial Independence and Declining Dignity of the Court in Indonesia

Mochammad Rafi Pravidjayanto, S.H.

Contributor

04 Sep 2024 · 07:52 04 September 2024 07:52 WIB 7 minutes reading time: 7 minutes 8 read

This article discusses the author's opinion on the influence between the dignity of the court and the ronnald tannur murder case

KY Dismisses 3 Judges Acquitting Ronnald Tannur: Evidence of Impaired Judicial Independence and Declining Dignity of the Court in Indonesia

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Table of Contents

Short Chronology of Ronald Tannur's Acquittal Verdict and Its Controversy
Proven to have Violated the Judge's Code of Ethics and Conduct Guidelines (KEPPH), KY Dismissed 3 Surabaya District Court Judges Acquitting Ronnald Tannur
The Relationship Between the Judge's Profession and the Dignity of the Court
Source

Section 3/3: The Relationship Between the Judge's Profession and the Dignity of the Court

The Relationship Between the Judge's Profession and the Dignity of the Court

The profession of judge is one of the noble professions (officium nobile), this is because the job of being 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. So that the profession of judge is also bound by the 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 get out of the context of thinking normatively. Judges must follow, explore, and examine 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 justice, judges are bound by the attitudes and behavior of judges, including:

Judges must carry out their profession independently on the basis of factual assessment, and reject behavior from outside, 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 adjudicated;
Judges promote guarantees of independence in carrying out judicial duties both individually and institutionally;
Judges must maintain and demonstrate an independent image and promote high standards of conduct to strengthen public trust in the judiciary.

It is mentioned that judges in carrying out their duties must show an image of independence to increase public trust in the judiciary. This is because the judiciary is also included in the “state institutions” authorized to enforce law and justice. So the judge's decision that has a style of "Landmark Decision" should provide benefits and justice value for the community. Thus, judges in carrying out work that is officium nobile", must make considerations between the existing facts and the law that governs it in order to create harmony between certainty, justice, and the benefit of the law.

When associated with the case that ensnared Ronnald Tannur as the son of ex-DPR-RI Edward Tannur from the PKB faction, it can lead to a tendency of conflict of interest (conflict of interest) which causes disruption to the independence of judges in deciding cases. This has an impact on the imbalance before the law (inequality before the law). So public trust in the court can also be disturbed as a result of violations of the code of ethics and guidelines for the behavior of judges.

Source

Amir Baihaqi. (2024). Demanded 12 Years But Acquitted, This is the Chronology of Ronald Tannur's 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, the son of a former member of the Indonesian Parliament 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.
Regional Team. (2024). A Number of KY Findings That 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).