Legal Literacy - Every cause has an effect, everything that is done, there must be consequences attached to the act. 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 in the murder of Ronnald Tannur, who is the son of ex-DPR-RI Edward Tannur of the PKB faction. This caused friction from the public to demand justice for the injured family of the victim Dini Sera Afrianti. This is interesting to examine the influence of the case on the dignity of the court.

Short Chronology of Ronald Tannur's Acquittal Verdict and Its Controversy

Wednesday (24/7) The acquittal verdict by the Panel of Judges of the District Court shocked visitors who attended the court hearing. The defendant Gregorius Ronald Tannur, son of ex-member of the DPR RI 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 of Rp. 264.6 million referring to Article 338 of the Criminal Code, or secondly Article 351 paragraph (3) of the Criminal Code and thirdly Article 359 of the Criminal Code and 351 paragraph (1) of the Criminal Code. (Amir Baihaqi, 2024)

“Releasing the defendant from all charges, ordering the defendant to be released from detention after this verdict is pronounced, giving the defendant his rights regarding his rights and dignity,” said presiding judge Damanik reading out his verdict, Wednesday (24/7/2024). (Amir Baihaqi, 2024) In the judge's consideration based on the evidence presented at the trial, it did not convince the Panel of Judges that Dini Sera Afrianti's death was caused by the defendant's actions.

This incident reaped controversy in the eyes of the public, the Head of Intelligence of the Surabaya Prosecutor's Office, Putu Arya Wibisana, highlighted several pieces of evidence that were ignored by the judge until he dropped the acquittal verdict against Ronald. According to him, the evidence ignored by the judge included a visum et repertum letter which stated that there were internal injuries due to blunt force trauma and traces of car marks. This should be a fact that must be considered by the panel of judges, said Putu, Thursday, (25/7/2024). (Hilda Rinanda, 2024) So the prosecutor assessed that the judge in deciding the case had ignored the 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 who may feel that justice has been injured,” said KY spokesperson, Mukti Fajar Nur Dewata, Thursday, (25/7/2024). Mukti stated that the KY then took the initiative to examine the decision in order to investigate alleged violations of the Judge's Code of Ethics and Conduct Guidelines (KEPPH). (Diva Suukyi Larasati, 2024)

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 acquittal verdict given by the panel of judges of the Surabaya District Court against the defendant Gregorius Ronald Tannur in the murder case of Dini Sera Afrianti, resulted in an external examination by the Judicial Commission (KY). The results of the examination finally recommended honorable dismissal or dismissal. The results of the examination KY determined that the panel of judges had violated the Judge's Code of Ethics and Conduct Guidelines (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's Honorary 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 the legal facts and legal considerations related to the elements of the indictment article which were different between those read out in the trial and those stated in the copy of the verdict 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'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:

  1. 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;
  2. 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;
  3. Judges promote guarantees of independence in carrying out judicial duties both individually and institutionally;
  4. 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).