KY Encouraged To Investigate Sentence Free Of Drug Dealers By Palangka Raya District Court Judge Demoted By Dayak Youth Forum

JAKARTA - The criminal law observer at the University of Jember (Unej) I Gede Widiana Suarda said the Judicial Commission (KY) could investigate the Panel of Judges at the Palangkaraya District Court, Central Kalimantan, which sentenced drug dealers to be free.

"In that case, the role of KY is very important to maintain the credibility, generosity, and integrity of judges in deciding cases," he said, quoted by Antara, Monday, May 30.

If there are reports from the public and significant evidence in the methamphetamine dealer case, he continued, the Judicial Commission can step in to carry out checks and re-checks in the field in order to maintain and uphold the honor, dignity and behavior of judges.

"If there is strong evidence that the public has, then it can be a record in the Supreme Court (MA) that the practice of collusion by judges is still going on in deciding cases," he said.

He said the principle of narcotics crime is divided into two, namely the perpetrators as users or dealers because in Law Number 35 of 2009 concerning Narcotics it is stated that narcotics users are not put in prison, but are rehabilitated.

"If the narcotics case in Palangkaraya seems to be directed at dealers, not narcotics users, there is no legal opportunity for rehabilitation," he said.

In the Criminal Procedure Code (KUHAP), he continued, an acquittal can be handed down by the panel of judges if the judge cannot strengthen his argument regarding the two pieces of evidence presented by the prosecutor in the trial.

"I cannot judge whether the decision of the Palangkaraya District Court Judge is right or wrong because it requires detailed evidence and facts at trial, but according to the Criminal Procedure Code, an acquittal means that the judge does not have two strong pieces of evidence to decide the defendant is guilty," he said.

He encouraged the public prosecutor (JPU) to take higher legal steps, namely an appeal to the Supreme Court (MA) to re-examine the decision that had been submitted by the Palangkaraya District Court in order to receive a re-test of evidence at trial.

"I am sure that the Public Prosecutor will appeal the case as one of the legal remedies at a higher level," he said, who is also Deputy Dean 1 of the Faculty of Law, Unej.

Previously, the Panel of Judges at the Palangkaraya District Court (PN) in Central Kalimantan gave an acquittal to the defendant in the drug case, Salihin alias Saleh. In that decision, two judges considered Salihin innocent, while the other judge found guilty.

As previously reported, dozens of residents and dozens of youth and community organizations in Central Kalimantan held a demonstration at the Palangka Raya City District Court on Friday, protesting the judge's decision to acquit the accused in a drug case.

"The defendant in the drug case, who was acquitted, was clearly arrested for possessing two ounces of methamphetamine and has become evidence," said the Demonstration Action Coordinator and General Chairperson of Central Kalimantan Fordayak Bambang Irawan as quoted by Antara, Friday, May 27.

"So we, as the people of Central Kalimantan, took action as a form of disappointment with the Palangka Raya District Court Judge who acquitted the defendant in the drug case," he continued.

Apart from being disappointed with the acquittal, the community and dozens of youth and community organizations in Central Kalimantan demanded that the three judges who made the decision be immediately dismissed or dismissed because the decision indicated that they had abused their position and authority.

Bambang said the decision to release the defendant in the drug case with evidence of two ounces of methamphetamine set a bad precedent for the eradication of drugs in Indonesia, especially in Central Kalimantan. For this reason, the judge who made the decision should have been dismissed from his position.

"We have submitted the demand to disable the judges, and the Palangka Raya District Court has responded by asking for time to coordinate with the High Court as the one with the authority. We ask that on Monday (30/5) there has been a decision to disable the three judges," said Bambang. .

The man who is the administrator of the Central Kalimantan Dayak Customary Council (DAD) supports the submission of an appeal from the Palangka Raya District Court to the Supreme Court. Fordayak along with a number of mass organizations and the people of Central Kalimantan are committed to continuing to oversee the case until it has a final and binding decision.

"We will continue to monitor this cassation. If until Monday (30/5) there is no decision to disable the three judges, we as the people of Central Kalimantan will again hold demonstrations," said Bambang.