Fajarasia.co – University of Jember (Unej) criminal law observer I Gede Widiana Suarda said the Judicial Commission (KY) could investigate the panel of judges at the Palangkaraya District Court, Central Kalimantan, which had acquitted drug dealers.
“In that case, the role of KY is very important to maintain the credibility, generosity, and integrity of judges in deciding cases,” he said in Jember Regency, East Java, Tuesday (31/5/2022).
If there are reports from the public and significant evidence in the methamphetamine dealer case, he continued, the Judicial Commission can step in to carry out checks and re-checks in the field in order to maintain and uphold the honor, dignity and behavior of judges.
“If there is strong evidence that the public has, then it can be a record in the Supreme Court (MA) that the practice of collusion by judges is still going on in deciding cases,” he said.
He said the principle of narcotics crime is divided into two, namely the perpetrators as users or dealers because Law Number 35 of 2009 concerning Narcotics states that narcotics users are not put in prison, but are rehabilitated.
“If the narcotics case in Palangkaraya seems to be directed at dealers, not narcotics users, there is no legal opportunity for rehabilitation,” he said.
In the Criminal Procedure Code (KUHAP), he continued, an acquittal can be handed down by the panel of judges if the judge cannot strengthen his argument regarding the two pieces of evidence presented by the prosecutor in the trial.
“I cannot judge whether the decision of the Palangkaraya District Court Judge is right or wrong because it requires detailed evidence and facts at trial, but according to the Criminal Procedure Code, an acquittal means that the judge does not have two strong pieces of evidence to decide the defendant is guilty,” he said.
He encouraged the public prosecutor (JPU) to take a higher legal effort, namely an appeal to the Supreme Court (MA) to re-examine the decision that had been submitted by the Palangkaraya District Court so that it could be tested again at trial.
“I am sure that the Public Prosecutor will appeal the case as one of the legal remedies at a higher level,” he said, who is also Deputy Dean 1 of the Faculty of Law, Unej.
Previously, the Panel of Judges at the Palangkaraya District Court (PN) in Central Kalimantan gave an acquittal to the defendant in the drug case, Salihin alias Saleh. In that decision, two judges considered Salihin innocent, while the other judge found guilty.****
