JAKARTA - Deputy Minister of Human Rights Mugiyanto emphasized that public criticism of court decisions is part of freedom of expression and public participation guaranteed by the constitution, especially in cases involving the right to life and involving state officials.
"Respect for judicial independence does not mean closing the space for public criticism. Criticism from the victims' families and civil society organizations such as LBH Medan, KontraS, and Imparsial are part of the freedom of expression and public participation guaranteed by the constitution," said Mugiyanto in his statement as reported by ANTARA, Tuesday, June 2.
The statement was made following the growing public response to the decision of the Medan Military High Court in the case of the death of MHS student, which sparked a debate on the sense of justice for the victim and his family.
According to him, in a democratic rule of law state, the court's decision must still be respected because the independence of the judicial power is a fundamental principle guaranteed by the 1945 Constitution and Law Number 48 of 2009 concerning the Judicial Power.
However, the public also has the right to oversee the course of law enforcement, especially when the case concerns the right to life which is a fundamental right that must be protected by the state.
"In the perspective of modern human rights, the public has the right to oversee the course of law enforcement, especially when it concerns the right to life and involves state officials," he said.
Mugiyanto explained that in accordance with international human rights principles, deaths involving state officials require the state to conduct an effective investigation, accountable law enforcement, and appropriate recovery for the victim and his family.
The Minister of Human Rights stated that the victim's right to justice, truth, restitution, reparation, rehabilitation, and guarantees of non-repetition is an important part of modern human rights protection.
In this context, according to Mugiyanto, the public's question about whether the 10-month prison sentence and the Rp12 million restitution had reflected a sense of substantive justice is a legitimate part of the democratic discourse.
"This question is a legitimate part of the democratic discourse and cannot automatically be interpreted as a form of intervention against the independence of judges," he said.
Mugiyanto added that judicial reform, including military justice, needs to be directed to strengthen transparency, accountability, and human rights protection without neglecting the principle of independence of the judicial institution.
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