Vocational Work For 70 Days, Judicial Judge Of PT Medan Sentenced To Dismissal By KY And MA

The trial of the Honorary Council of Judges (MKH) related to the judicial judge at the Medan High Court with the initials AGRG at the Supreme Court Building, Jakarta, Wednesday (4/9/2024). (ANTARA/HO-Judicial Commission)

JAKARTA - The Judicial Judge at the Medan High Court (PT) with the initials AGRG who was absent from work for 70 days was sentenced to permanent dismissal. AGRG skip work from July 2, 2021, to March 4, 2022.

The verdict against AGRG was based on the trial of the decision of the Honorary Council of Judges (MKH) held by the Judicial Commission (KY) and the Supreme Court (MA) in Jakarta on Wednesday, September 4.

"Imposing disciplinary sanctions to the reported with severe disciplinary sanctions in the form of permanent dismissal, as referred to in Article 19 paragraph (4) letter d of the Joint Regulation of the Supreme Court and KY Number 02/PB/MA/IX/2012 and Number 02/PB/P.KY/09/2012 concerning Guidelines for Enforcement of KEPPH," said Chief Judge, Supreme Court Justice Nurul Elmiyah in a written statement, Thursday, September 5, confiscated by Antara.

The reported party has also been absent from work for three consecutive months. In fact, AGRG has signed a pact for discipline in working and has been examined three times for the same problem.

Based on the facts of the trial, AGRG was not present in the third examination by PT Medan in January and February 2022. Because the reported party was not present and could not give the reason for his absence, the matter was submitted to MKH.

In his defense, AGRG admitted that he objected to being brought to MKH because he had been examined by two different chairmen of PT Medan, so he thought the problem had been resolved. In addition, he feels that his absence does not violate the provisions of the legislation.

AGRG also admitted that he did not come to work because he was often sick, had to take care of a mother who lived alone and was sick, and after the divorce while serving at the Payakumbuh District Court. However, he admitted that he had never reported the reason to the chairman of PT Medan.

In addition, representatives of the Indonesian Judicial Association (IKAHI) defended that AGRG had been sanctioned in 2021 and 2022 with written warnings.

According to IKAHI, the accumulation of 70-day violations is not appropriate because the warning sanctions have been given, so it should reduce the accumulation of the number of absences submitted to MKH.

Meanwhile, the MKH session considered that the violation of the reported party was in the heavy category, but the panel was still considering the dedication and obligation of the reported person to care for his parents. The assembly also rejected the defense of IKAHI because it could not refute the results of the examination by the Supreme Court Supervisory Body.

Furthermore, mitigating matters for the reported party have family responsibilities, namely mother. The reported person and his mother are also sick.

Meanwhile, the aggravating thing for the reported person not to come to work for a long time, has been examined in the same case, and has signed an agreement letter for discipline in work.

In their consideration, the MKH trial assembly imposed sanctions on the reported party which were not exactly the same as the provisions of Article 19 paragraph 4 letter d of the Joint Regulation of the Supreme Court and KY Number 02/PB/MA/IX/2012 and Number 02/PB/P.KY/09/2012 concerning Enforcement Guidelines of KEPPH.

Because the AGRG has not yet fulfilled the requirements for accepting pension rights, the MKH trial assembly decided that the reported party was respectfully dismissed as a judge and was not dismissed as a civil servant.

The MKH assembly consisted of Supreme Court Justices Nurul Elmiyah, Irfan Fachruddin, and Yohanes Priyana, while KY representatives consisted of KY Deputy Chair Siti Nurdjanah, KY member Joko Sasmito, Sukma Violetta, and Mukti Fajar Nur Dewata.