CHAIRMAN of the Judicial Commission (KY) Amzulian Rifai held a meeting with Attorney General Sanitiar Burhanuddin at the Indonesian Attorney General’s Complex, Jakarta, Tuesday (12/11). The meeting took place in the middle of the investigation into a case of alleged bribery and/or gratification which involved three judges at the Surabaya District Court (PN) as suspects in connection with the murder case committed by Ronald Tannur.
After meeting Burhanuddin, Amzulian emphasized that his party’s authority could only investigate ethical violations by members of the judiciary. Through this meeting, he said that often investigations carried out by KY found criminal elements. However, Amzulian admitted that his party could not investigate this matter.
“Sometimes during an examination of the ethical area, there are actually things that we believe are criminal in nature. But, when we feel that it is criminal, our authority does not extend to that,” he explained.
Therefore, the meeting with the Attorney General is a moment for the KY to mitigate if it finds suspected criminal acts when examining individual judges. According to Amzulian, Burhanuddin has expressed his willingness to follow up on the results of the KY examination at a later date.
“We will convey follow-up if the results of the examination are criminal. The Attorney General is pleased to follow up later if there are criminal matters,” said Amzulian.
It is known that JAM-Pidsus investigators have named six people as suspects in cases of alleged bribery and/or gratification related to case management, including three Surabaya District Court judges, namely Erintuah Damanik, Mangapul, and Heru Hanindyo.
The other three suspects are former Head of the Legal and Judicial Training Agency of the Supreme Court (MA) Zarof Ricar, Ronald’s lawyer named Lisa Rachmat, and Meirizka Widjaja as Ronald’s mother.
Erintuah, Mangapul, and Heru handed down a verdict of acquittal against Ronald at the first instance court. Meanwhile, at the cassation hearing, Ronald’s case was tried by Supreme Court justices Soesilo, Ainal Mardhiah and Sutarjo.
Separately, Burhanuddin emphasized that his party would follow up on the report submitted by KY. If the results of the KY’s examination of individual judges are deemed accurate, investigators, continued the Attorney General, will investigate them.
He also said that he would not feel uncomfortable if he investigated a case involving a supreme judge at the Supreme Court. (P-5)
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How can the division of labor between the KY and the Attorney General’s office be structured to ensure effective accountability for ethical and criminal misconduct by judges?
## A Conversation on Judicial Ethics and Criminal Investigations
**Host:** Welcome back to the program. Today, we’re discussing a recent meeting between the Chairman of Indonesia’s Judicial Commission (KY), Amzulian Rifai, and Attorney General Sanitiar Burhanuddin. This meeting comes amidst an investigation into alleged bribery and gratification involving three judges at the Surabaya District Court. Mr. Rifai has stated that while the KY can investigate ethical violations by judges, they lack the authority to investigate potential criminal acts. Joining us today to shed light on this complex issue is legal analyst, Dr. [Guest name]. Welcome to the show.
**Dr. [Guest name]:** Thank you for inviting me.
**Host:** Dr. [Guest name], can you help our viewers understand the division of labor between the KY and the Attorney General’s office when it comes to cases involving judges?
**Dr. [Guest name]:** Certainly. The KY is primarily tasked with overseeing the ethical conduct of judges. They investigate complaints, ensure judges adhere to a code of ethics, and recommend appropriate disciplinary actions. However, their mandate doesn’t extend to criminal investigations. Cases involving suspected criminal activity by judges fall under the jurisdiction of the Attorney General’s office.
**Host:** This recent case involving bribery allegations seems to highlight a potential gray area. How can the KY effectively ensure judicial integrity if they are unable to pursue criminal investigations that may arise during their ethical reviews?
**Dr. [Guest name]:** This is a crucial point. As Mr. Rifai himself stated, the KY often uncovers evidence that may suggest criminal activity during their ethical investigations. This highlights the need for a strong communication and cooperation framework between the KY and the Attorney General’s office. When the KY identifies potential criminal behavior, they must swiftly share this information with the Attorney General for further investigation and appropriate legal action.
**Host:** What are the potential implications of this situation for public trust in the judiciary?
**Dr. [Guest name]:** Public trust in the judiciary is paramount for a functioning democracy. When allegations of corruption or unethical behavior arise, it erodes that trust. It’s essential that these allegations are treated seriously, investigated thoroughly, and resolved transparently. A clear and effective mechanism for handling cases with both ethical and criminal dimensions is crucial to maintain public confidence in the justice system.
**Host:** Dr. [Guest name], thank you for your valuable insights on this important topic. We appreciate you taking the time to be with us today.
