JAKARTA UII Criminal Law Lecturer, Suparman Marzuki, proposed that the revision of Law (UU) Number 48 of 2009 concerning Judicial Power abolish and incorporate all branch laws under him to create harmonization and synchronization of regulations.
"Right now, there is a judicial power law, there is a general justice law, there is a religious justice law, there is a constitutional law of state administration, and so on. It would be better if it was combined," he said in a written statement, Sunday, December 7.
He considered that the unification of the regulation would optimize the performance of judges as state officials. In addition, the mutation promotion system that is applied as a form of sanction for judges is irrelevant and creates uncertainty in their careers.
It is no longer relevant if judges as state officials are transferred to promotions, the term transfer promotion, based on court types. In fact, all court classes in all regions are the same," he said.
Suparman added that the promotional sanctions for certain mutations often make judges 'graded' to certain areas as a form of administrative punishment. 'I've been to NTT to check how many judges there, who they are. From the track record list, it is the ones who are sanctioned, so it's 'karung' in NTT," he added.
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He also emphasized that the grouping of judges based on groups is no longer in accordance with the development of judicial needs. This is because this system hampers the independence of judges and limits their imparity space.
If the judge has become the state official, then the rights that must be given will have positive implications. Judges are no longer bound by administrative obligations such as ASN, no longer relevant to group ranks. What is the relevance of groups 3A, 3B, 3C, 4A for a state official? That is irrelevant. The independence and imparity of judges will strengthen and will have positive implications, especially the congenitality of trust in the courts," he explained.
Suparman mengungkapkan, perubahan status hakim menjadi pejabat negara juga dapat memperkuat penegakan hukum dengan meminimalisasi potensi intervensi, termasuk dari pimpinan pengadilan sendiri. Saya menerima banyak laporan terkait pencabutan surat keputusan (SK) promosi hanya karena hakim menolak intervensi dalam menangani perkara. Ini yang harus diperbaiki, tutupnya.
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