JAKARTA - Four out of five judges who tried the alleged corruption in the management of crude oil and refinery products of PT Pertamina (Persero) to the Judicial Commission (KY) and the Supreme Court Supervisory Agency (Bawas MA). They are suspected of violating ethics.
This report was made by Muhamad Kerry Adrianto Riza as the Beneficial Owner of PT Orbit Terminal Merak (OTM), Gading Ramadhan Joedo as the President Director of PT OTM, and Dimas Werhaspati as the Commissioner of PT Jenggala Maritim Nusantara.
The judges reported were Fajar Kusuma Aji as the Head of the Panel of Judges and three members of the panel, namely Khusnul Khatimah, Adek Nurhadi, and Sigit Herman Binaji.
Another judge, Mulyono Dwi Purwanto, was not reported because he gave a dissenting opinion.
"Today we are reporting to two institutions, yes. What we are reporting is the panel of judges who tried the Kerry case, except for the fourth member judge who gave a dissenting opinion, we did not report it. But the four of us reported all of them, both to KY and to Bawas, related to the alleged violation of the code of ethics committed by the Panel of Judges," said Kerry's lawyer, Didi Supriyanto after delivering the report at the Bawas MA building, Jakarta, Monday, April 6.
Didi said the trial process against his client was suspected of violating ethics. One of them, related to the trial process that was forced to go beyond the limits of reasonableness.
Including the verdict hearing which lasted until the early hours of the morning. "We got to 04.00 when we were about to break the fast in the fasting month, it was just finished," he said.
In addition, the panel of judges is said to have only given the defendant about 30 minutes to read the defense note or plea, and limited the time for the submission of witnesses and experts to about seven hours.
"Meanwhile, the public prosecutor has been months, almost five months, they have submitted witnesses and then experts as well," said Didi.
"Well, these are things that we consider unnatural and we also consider it a suspected violation of the code of ethics so we report it to Bawas and to KY," he continued.
Furthermore, Didi assessed that the decision of the panel of judges was not based on the facts of the trial but only referred to the prosecutor's indictment and demands.
"So we consider this to be a decision, so it is wrong, not in accordance with the facts at the trial," he said.
Meanwhile, another lawyer, Imam Nasef, emphasized that the four judges had been unfair to the defendants.
"We assess that these four judges have been dzhalim, yes, against the three defendants, Kerry, Gading, and Dimas," he said.
Imam highlighted the errors in the ruling, including the difference between numbers and letters related to the length of the sentence imposed.
"Then the most fatal thing is, in the decision there are a lot of mistakes, typo errors and even the most fatal thing is in the decision on the length of imprisonment. So if you colleagues pay attention to the decision, especially the Kerry decision, yes, it is written that the number is 15 years, but the letter is 13 years," he explained.
The error, continued Imam, created legal uncertainty and violated the guidelines of judges' ethics.
"If we refer to the guidelines for the behavior and ethics of judges, judges are required not to make any mistakes, especially related to the judgment. This has been a violation of the guidelines so we hope that as stated earlier, a thorough investigation will be carried out by the Bawas and the Judicial Commission," he said.
Imam hopes that this report can be followed up seriously by the KY and Bawas MA. They must be sanctioned if proven to have violated ethics.
"Although we know exactly that this report will not have an impact on the decision, at least this has an impact on the code of ethics sanctions that will be imposed later," he said.
In addition, his party also hopes that various irregularities in the ruling can be corrected at the appeal level.
"Regarding the verdict, yes, we hope that the mistakes will also be corrected by the appellate panel," said Imam.
Not stopping there, Imam also reminded about the abolition petition to President Prabowo Subianto and asked Commission III of the DPR to hold a public hearing.
"So all the efforts we have put forward are actually outside the formal effort of our appeal, we do it as an effort to seek justice for our three clients, the three defendants, namely Kerry, Gading, and Dimas," he concluded.
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