JAKARTA Wahyu Iman Santoso's independence as chairman of the panel of judges in the murder case of Brigadier Nofriansyah Yosua Hutabarat with the defendant Ferdy Sambo continued to be under pressure. Wahyu, previously, had been reported to the Judicial Commission by the attorney for the defendant Strong Ma'ruf for alleged violations of the code of ethics on December 8, 2022.
Now, his conversation with a woman outside the court regarding the case he is currently handling has gone viral on social media. Wahyu Iman Santoso was deemed to have violated ethics because he had planned to give a sentence against the defendant Ferdy Sambo.
Wahyu in the video says, "The problem is that he doesn't really make sense, he shoots using a Yosua gun. But it's okay, it's fine. I won't pressuredia have to admit, I don't need recognition. "
"We can judge for ourselves. Go ahead and say I want to make it rich. Yesterday, my mouth was actually stuck, but I just woke it up," added Wahyu Iman Santoso, who also serves as Deputy Chairman of the South Jakarta District Court (PN South Jakarta).
However, Public Relations Officer of the South Jakarta District Court, Djuyamto, considers the video not showing the whole conversation. Only deductions or edits.
"We have clarified, he in his actual statement only conveyed a very normative explanation regarding the consequences of the death penalty, life imprisonment, or 20 years in prison in the article on premeditated murder," said Djuyamto in a press release on January 6.
Thus, the video does not rule out the possibility that it is only an effort to disrupt the concentration and independence of Judge Wahyu Iman Santoso.
"The trial is still at the evidentiary stage, there is no discussion about the verdict or verdict, but the video narrative says there is a leak or decision arrangement, which is very misleading," said Djuyamto.
Coordinating Minister for Political, Legal and Security Affairs Mahfud MD also suspected that the video was an attempted terror so that the judge did not dare to sentence Ferdy Sambo severely.
"The logic is, let the judge hesitate to sentence Sambo for fear that his verdict is considered the result of a conspiracy because it is the same as the previous viral video. I used to often experience the same thing," Mahfud wrote on his Instagram account on January 7, 2023.
During his tenure as Chief Justice of the Constitutional Court for the period 2008-2013, he had tried the North Maluku Governor Election case which was sued by Gafur. Three days before the verdict, news circulated that the Chief Justice of the Constitutional Court Mahfud MD had been summoned by President Susilo Bambang Yudhoyono (SBY) for Gafur's lawsuit to be defeated.
"I know it's a terror so I don't dare to beat Gafur. But I don't care, Gafur still loses at the Constitutional Court. Wong, I never talked about any case with President SBY, how come I was accused of conspiring with SBY," he added.
The most entitled judge is to try, not punish. The judge, according to Binsar M Gultom, in the book "The Critical View of a Judge in Law Enforcement in Indonesia 4 is not arbitrary at first glance, but will judge and decide cases with conscience, and in accordance with legal facts comprehensively and objectively.
When the judge deals with various cases in court, he will actualize the experience, knowledge, and legal resources as well as applicable laws. Then, this fact is packaged and elaborated into an inseparable series of existing evidence.
There are times when not a single primary piece of evidence (witnesses) sees criminal events firsthand. So, said Binsar, judges must continue to explore the facts that occurred at the trial from various points of view according to the judge's belief through the judge's instructions and observations and applicable legal rules.
There are also times when the defendant argues that he is not the perpetrator of a criminal incident. The judge must be able to predict the quality of the evidence of the defendant's testimony is lower than other evidence, such as witness statements, expert statements, and letters, instructions. Because, referring to Article 189 paragraph 3 of the Criminal Procedure Code, the defendant's statement only applies to himself.
"Although the defendant often denied that he was the perpetrator of a criminal act or might admit that act, the judge should not just believe it. The judge must consider and analyze the information comprehensively and relate it to the existing evidence and evidence," Binsar wrote.
When according to the judge the defendant was a lie, it was the defendant's right, the judge should not at all force the defendant to admit his actions. Let him speak as he is. However, the judge's voice of feelings, must be able to speak through instructions and observations during the trial
"From the basis of legal considerations, it is the conclusion that the defendant is guilty or not, then determines the punishment that is appropriate and commensurate with the defendant's actions," he said.
The independence is deeply deeply inherent and must be reflected in the process of examining and making decisions on every case. This is closely related to court independence as an institution that is authoritative, dignified, and reliable.
"The independence of judges and courts is manifested in the independence and independence of judges, both individually and as an institution of influence originating from outside the judge in the form of interventions that smoothly influence, with pressure, coercion, violence or retaliation for certain political or economic interests of certain groups or groups," said Yudi Krismen, in the book Indonesian Criminal Justice System.
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