JAKARTA - Member of the Judicial Commission (KY) Setyawan Hartono said there was no other alternative for judges who were transactional so he proposed that judges who were proven to have "traded cases" be sanctioned with dismissal.
"Even though there are various types of sanctions, if approved, the judge's transactional actions are certainly sanctioned, the recommendation by the KY is dismissal, dismissal not with respect," said Setyawan at the KY Building, Jakarta, Tuesday, December 23, reported by ANTARA.
The Head of the Prevention and Capacity Building for Judges admitted that he agreed with the Chief Justice of the Supreme Court (MA) Sunarto that judges who take economic advantage from handling cases must be eradicated.
If approved by the plenary meeting of the inter-commissioner, the provision can later be written in the form of guidelines or standard operating procedures (SOP) for KY. He believes that it can be an alarm to remind all judges.
"So the judge will really think a thousand times when he will commit a violation because there is definitely no alternative, if the Chairman of the Supreme Court uses the term 'end of history', we agree very much," he said.
Setyawan, who used to work at the MA Supervisory Agency (Bawas), considered that the dismissal of judges who traded cases was the right sanction because other punishments were not effective, including non-palu sanctions.
"Because this concerns morals, it is difficult to fix. It is hoped that with such KY SOP, it will really be able to pressure judges to think a thousand times to commit transactional violations," he said.
On the other hand, Setyawan said that in the future, KY will be preventive.
He said that KY's achievements so far were only seen from the indication of how many complaints were followed up and how many judges were recommended to be sanctioned. "So, more repressive oriented," he said.
Based on his experience, he considers that the many judges who were sanctioned did not stop the cases of violations. According to him, this condition will create distrust in the judicial institution.
"Therefore, in my opinion, in his capacity as head of the field, has an idea for the future, KY is more preventive oriented in the context of supervising judges. That is, we prevent violations by judges," he said.
Thus, Setyawan added, the indication of KY's success in the context of judicial supervision will be reflected in the decreasing number of reports of alleged violations of the Code of Ethics and the Code of Conduct for Judges.
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