By: Rizal Arifin *
Increasing political atmosphere ahead of the 2019 Election, certain communities or professions that should be demanded to be neutral actually show partiality. For example, the attitude of support for certain candidates is shown by someone who is a State Civil Apparatus (ASN), a state official, including a Judge. Facing these challenges, the Director General of the General Judiciary (Badilum) Supreme Court (MA) issued Circular Letter No. 2 of 2019 concerning the Prohibition of Political Judges signed by Herri Swantoro on 7 February 2019.
In the circular, the judge as a state official is required to maintain an attitude of neutrality in his attitudes, words, and actions related to the implementation of the 2019 Legislative Election and Presidential Election. This is because relating to judges in the general court has the authority to decide on election criminal cases.
Later photos circulated by judges at the Central Jakarta District Court posing “greetings 2 fingers” and suddenly viral. Suddenly the Judicial Commission (KY) deeply regretted this incident, because not long ago after a circular was issued a ban on judges from politics. “KY regrets the attitude of the judges who do not show their determination in maintaining neutrality in the life of the state,” said Commissioner KY Sukma Violetta, Tuesday (02/12/2019).
The judge with the photo is suspected of violating the Code of Ethics and the Code of Conduct for Judges (KEPPH). To provide a sense of comfort and strengthen public trust in judicial personnel, KY will follow up according to applicable handling procedures without having to wait for public reports. “KY does not need to wait for the public to report this. It can be immediately followed up,” he added.
Judges as citizens have the same political rights in voting in elections with other citizens. However, it is forbidden to be a member of a political party and a winning team because it involves the main task as a “representative of God” on earth who has the right to decide cases and include criminal elections. Judges are required to uphold neutrality and independence. It is regrettable if the judiciary proudly shows political preference to the general public. “Related to the choice in the election, it is the right of each citizen. However, it is highly expected that the judge corps will not show it to the public. Because criminal cases and election disputes will be tried by courts below the Supreme Court,” Sukma said.
MA spokesman Andi Samsan Nganro explained a circular on the prohibition of political judges to guard judges in the public court so as not to be dragged into practical political actions that lead to partiality and disrupt the independence of judges. Moreover, judges in the general court environment at all levels of justice have the authority to handle cases relating to election crimes. The Circular of the Director General of Badilum does not mean that judges in the religious court and the State Administration can take part in the legislative candidates or one particular presidential candidate. Because, the prohibition of judges not to be involved in politics is indeed regulated in KEPPH. This Circular is a form of responsiveness from the Director General of Badilum to address the issue of handling elections in the general court.
If the judge shows his political preferences and is publicly accessible, he can eventually erode public trust in the judiciary. Because, this attitude is considered by the judiciary not to uphold the provisions of the Code of Ethics and Code of Conduct (KEPPH), especially in violation of the principle of independence and impartiality. Hopefully this case will not go out so that it becomes a hot ball in the community The firmness of the Judicial Commission is awaited so that the image of the judiciary is maintained and the 2019 Election runs without any significant turmoil.
) * The author is a Political Social Observer