Exclusive, Judicial Commission Chairman Mukti Fajar Nur Dewata: Judges' Remuneration Is Good But The Temptation Is Not Easy

Currently, the remuneration of judges is good, enough to live decently. Especially for a supreme court judge. However, according to the Chairman of the Judicial Commission of the Republic of Indonesia, Prof. Dr. Mukti Fajar Nur Dewata, SH., M.Hum., the temptation when taking office is no less great. That is why there are Supreme Court judges who are caught in OTT (hand-arrest operations) by the Corruption Eradication Commission (KPK).

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Choosing a way of life to become a judge is actually a very noble task. With the capacity and knowledge he has, a judge has the mandate to try a case submitted to the court. In deciding cases the judge has independence. The verdict is demanded to be fair so as to make people believe in the judiciary.

But in reality, there are judges who waver with intimidation and temptation. One recent example occurred when Supreme Court judge Sudrajat Dimyati (SD) was caught in OTT by KPK on September 21, 2022. Indeed, it was not SD that immediately accepted bribes. The bribe was given by S to DY, who was a representative of the SD supreme judge at a hotel in Bekasi.

According to the Chairman of the Judicial Commission, Mukti Fajar Nur Dewata, the selection process for judges has been carried out strictly. But when on duty intimidation and temptation often approached. "There are many temptations and we have also carried out several programs to treat and prevent them with training and outreach. The Judicial Commission and the Supreme Court have committed to make improvements, including supervising the Supreme Court justices, how to care for and maintain their integrity," he said.

Mukti described, efforts to intervene in judges when handling cases can occur in the form of pressure and lures or temptations. Temptation can be in the form of material or property and can also take the form of women.

The question is whether the remuneration or salary and allowances received by the judges are still insufficient so they still have to accept bribes or kickbacks? That was enough. "Remuneration for judges is good, but there are some facilities that are lacking, such as health and security in some areas. But for the Supreme Court judges, they have received high salaries and very adequate facilities," explained Mukti Fajar Nur Dewata.

Therefore he asked all parties to help supervise the judges. From institutions, colleagues, relations, family, and the environment. All of that is a support system that can make judges who are also ordinary people sometimes tempted and forget their goal of becoming a judge. "Not only the Judicial Commission, but all parties must also provide support so that judges can carry out their duties properly," he said to Edy Suherli, Savic Rabos, and Rifai from VOI who visited his office at the RI Judicial Commission Office, Kramat Raya, Senen, Central Jakarta, a few times ago. Here is the excerpt.

How do you see our current legal world, many officials, board members, businessmen, as well as Supreme Court judges who have been exposed to OTT by the KPK?

If we look at it from a case-by-case basis, we are indeed concerned about the current legal condition in our country. This is a bad record in the history of our law enforcement. Officials, businessmen to Supreme Court judges are exposed to OTT. However, when viewed in a larger scope, there is a mechanism of checks and balances, and supervision actually works. So a warning to officials including judges, if they are being watched. Our focus is on how these emerging cases will not reduce public trust in the judiciary. There are judges who have been subject to OTT, but there are still many judges who are good and have integrity that we need to convey to the public.

What did KY do to increase public trust in law enforcement agencies?

Every year we make improvements to the selection of prospective judges. Also working with related institutions such as PPATK, Director General of Taxes, etc. And we also involve the public to ask the prospective judges.

Can you see the results already?

Methodologically it can be accounted for. If someone gets OTT after graduation, that's another thing. The conditions and temptations are many. Even though we have carried out several programs to treat and prevent it with training and outreach. KY and MA have committed to make improvements including supervising the Supreme Court justices, how to care for and maintain their integrity.

Talking about the welfare of judges, are they prosperous?  

The remuneration for judges is good, but there are indeed a number of facilities that are lacking, such as health and safety in some areas. But for the justices of the Supreme Court they have received high salaries and very adequate facilities.

If it is sufficient but there are still judges who are tempted, how about that?

If that's the case I think it's back to each judge. Actually, if you want to live a normal life, a judge's salary is enough. Regarding corrupt officials and judges, it all started with greed and a luxurious lifestyle. Keep in mind that being a judge is not measured by wealth.

Is there an ideal judge in Indonesia?

There are many good judges although there are also the opposite. Indeed, judges must maintain behavior and relationships with the environment, but not be anti-social. If other professions can clubbing, judges cannot. A judge must be aware that he chooses the silent path.

We still remember the figure of the late Artijo Alkostar, what about this kind of judge?

I know him even though I don't know him closely because we are both from Yogyakarta. He is an idealistic judge and has a strong vision and mission. As a human being, of course there are pluses and minuses. But as a judge he can be a role model, he is a clean judge.

There have been many officials, politicians, businessmen, and Supreme Court judges who have been affected by OTT, Are the laws in our country weak, which don't deter people?

Talking about law cannot be partial, we have to look at it as a whole. Regulations, systems, families and the environment must support. Regulatory reforms have been made. For institutions there is an initiation from the President, why is that because the President cannot intervene in the judiciary. So there will be a meeting between the President, KY and law enforcement agencies in fixing the law and the people who work in our legal institutions. Monitoring and tightening community supervision and control will be carried out later. What is clear is that society and families must support and control judges in enforcing the law.

Regarding the judge's decision, there are fair and unfair decisions, how do you evaluate them?

The judge has independence in deciding cases. KY cannot intervene. If the community feels the judge's decision is unfair, they can take legal action such as an appeal, cassation, etc. What we can do is maintain the behavior, capacity, and integrity of judges so that they are not interfered with when handling cases. Either the intervention is violent or the lure of wealth or temptation. KY has a duty to help judges who experience threats. So far, there have been reports of threats but never lured.

For temptations other than material, what else; girl for example?

There are women too, we just dismissed a judge who had a relationship with a woman with no respect. The profession of a judge is tough, one must maintain morality and personality. When someone has chosen the profession of the judge, one must know the consequences. If you can't afford it, don't choose to be a judge, that's all. I advised prospective judges that if their minds are still mundane, rah-rah, increase in wealth and women, it is better to leave the profession of the judge. His business is how to give a fair decision to uphold the law. A judge must approach a perfect human.

Is our judge education ideal?

The process is sufficient, but not purely judicial technical, how to build integrity is also important. Hence there is better remuneration for judges and some facilities. KY itself continues to supervise and remind the judges. There are also people who supervise through institutions, one of which is the Coalition for Judicial Monitoring. I am optimistic that we will be better, there will be ideal judges. All parties, both internal and external, must support us so that our judges can work well. It is impossible for KY to work alone, there are 4000 judges on duty in 900 courts throughout Indonesia. The efforts we have made may still be lacking, but we must not give up.

How did you observe the trial process of Ferdy Sambo and friends until the verdict?

Since the beginning, the case of Ferdy Sambo and friends has attracted public attention and the news has caused an uproar. We at KY have also offered the concept of a safe house to the judge handling this case so that he doesn't get interfered. But then the judge still feels confident, it's still not necessary, it means they can still handle security matters. We also observed and involved a team in this case. KY was directly involved in supervising Sambo's trial, both at Waskim (supervised by Judges) who were visible to the investigations that were not visible from behind. We'll try to see if there are any efforts at the back.

There are also advocacy efforts from the Judicial Commission if the judge intervenes. So far, what we have observed, the judges have carried out their duties in a professional manner. Regarding the decision, that is not the authority of the KY.

Even though the safe house concept hasn't been applied, will it still be opened when the judge needs it?

KY does offer advocacy and also the concept of a safe house but it is left up to the judges, as long as it is not needed KY will not force it. Went back again that the judges were not influenced, the judges were not influenced, then the judges were pressured or not? Does the judge then behave in a manner that violates ethics or not when deciding that? So it's more to the decision-making process, that's a concern at KY.

One of the officials who often reminds law enforcers is the Coordinating Minister for Politics, Law and Security, Prof. Mahfud MD, both directly and via social media. How do you see that?

That is indeed his duty, his concern is to see our law enforcement process. We need to appreciate Prof. Mahfud MD's reaction. It also includes that he often provides input to strengthen the authority of the KY so that this commission can be stronger and when carrying out its duties can be maximized.

The Meaning of Family for Mukti Fajar Nur Dewata

Family for the Chairman of the Judicial Commission of the Republic of Indonesia Prof. Dr. Mukti Fajar Nur Dewata, S.H., M.Hum., is everything. He will come home to share stories, laugh, and even cry to his family. Because of that every weekend there must be a gathering session with the family. When physical encounters are no longer possible, he is forced to use technology to gather. "The important thing is to be face to face, even if it's just a video call," he said.

Before chairing the Judicial Commission, Mukti Fajar Nur Dewata was a lecturer and academic at Muhammadiyah Yogyakarta University (UMY). He started his career as a lecturer at the Law Faculty of UMY. In addition, he is also a non-permanent lecturer at the Faculty of Economics at the Islamic University of Indonesia and Masters in Management at Gadjah Mada University.

The man who was born in Yogyakarta, September 29, 1968, admits that working as an educator is something he usually does. However, when he was entrusted with becoming Chairman of the Judicial Commission, he had to adjust to the rhythm of work in the capital. "Physically, I have been trained. As an academic, I am one of those who are busy and have lots of activities. But while on duty at KY I have to adjust because this is a new world for me," he said.

For him, work must be completed in the mind, don't be too carried away by feelings. “If all the work goes into our feelings we can get sick. Blood pressure can rise, potentially stroke and other diseases. That's what I avoid," said the UGM Law Faculty alumnus.

“Even though the body is healthy, if the pressure is too high, it can eventually collapse. If children say now, don't worry about work," continued Mukti, who completed his master's degree at Diponegoro University, Semarang. As for the title of Doctor of Laws (S3) he obtained from the University of Indonesia.

Don't want to be taken into feelings, continued Mukti, doesn't mean he doesn't have feelings. But these are the tips he does so that all the work can be done well. “If there is a problem it is solved by discussion, communication and dialogue. Both within the KY or with colleagues such as other law enforcement agencies and also the Commission III of the DPR RI," he continued.

So far the strategy he has implemented has worked well. "So far all is going well. That there is a small disagreement is normal. It can be solved with logic. So it doesn't come down to feelings," said Mukti.

Lifestyle

Although there is no prohibition in consuming certain foods. Mukti Fajar Nur Dewata has limited his intake of foods that contain high cholesterol. "It doesn't take much, the important thing is that the food contains enough nutrition," continued Mukti, who fortified herself with a booster vaccine.

According to him, the lifestyle of people in Jakarta consumes too many foods that are high in cholesterol. “I have to limit it, because my cholesterol level is quite high. For the others I'm still awake. Heart, blood sugar, thank God they are still safe. That's why I have to control my food so that my cholesterol doesn't exceed the threshold," he said.

Rest is necessary after a hard day's work. "Sleep time for normal people 6 hours a day. But I pay off the time, on the way from the office to the house or vice versa, you can get one hour, it's not bad. So I pay off the sleep time so that it is enough for 6 hours a day,” said the father of three children.

If there is not enough rest time, continued Mukti, it will affect the body's metabolism.

Apart from resting, there is a unique way that Mukti does to relieve work stress. “I usually play music at home. Incidentally I can play musical instruments such as guitar, keyboard and drums. Usually singing while playing a musical instrument for me has lightened the load. Yes, sing alone and clap yourself, hehehe,” he said while laughing in a characteristic way.

Since childhood Mukti has really liked playing music. "This is the result of hanging out at the patrol post, so I can play musical instruments. Actually there is aspiration to be a boy band, but parents do not allow. If now the situation is different. In the end, I became a lecturer,” said Mukti, who gives freedom to her children to achieve their dreams.

Apart from playing music, Mukti's way of relieving stress is by teaching. “I am a lecturer, teaching is a part of life and a routine that cannot be left behind. When teaching I can interact with students. There is freedom of the pulpit and being able to debate. It refreshes the mind,” said Mukti who was happy when her students beat her in a debate. From there he will get the idea to do research and research.

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Even though he is busy with his activities as a lecturer, this UMY Law Faculty professor is committed to his family. “Even though I'm busy, I have to get together with my wife and children at least once a week. We usually get together on weekends," said Mukti, who has three children from his marriage to Endang Pujiastuti, namely RayMarsha Fajar Charaty, RayGian Fajar Sampai, and RayNaga Fajar Jessica.

Now that the children are grown, the habit of gathering is still being carried out. The only difference is that the physical encounter is no longer there, because the situation does not allow it. "Now that the children are grown, we video call together," said Mukti, making her children as friends.

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At Mukti's house, he can share stories with his beloved children and wife. “Family is a priority, where we go home, complain, cry, laugh, and share feelings with each other. All of that is done at home. That makes me miss wanting to go home and meet my family,” said Mukti Fajar Nur Dewata, who is trying to return to Yogyakarta once every two weeks.

"The profession of a judge is tough, one must maintain morality and personality. When someone has chosen this profession, one must know the consequences. If you can't afford it, don't choose to be a judge, that's all. I advised prospective judges that if their minds are still mundane, like to get wasted, looking for wealth and women, it is better to leave the profession of judge. A judge's business is how to give a fair decision to uphold the law. A judge must approach a perfect human,"