Govt to Mediate in Judge Sarpin Defamation Row With Judicial Commission
Jakarta. The government will attempt to persuade controversial Judge Sarpin Rizaldi to withdraw defamation proceedings against two members of the Judicial Commission, but police say they will press on with charges.
Speaking at the State Palace on Monday, Tedjo Edhy Purdijatno, the coordinating minister for political, legal and security affairs, said there would be mediation to "end the fuss" between the government’s court watchdog and Sarpin.
Police announced Judicial Commission chairman Suparman Marzuki and commissioner Taufiqurahman Sauri as suspects for allegedly defaming Sarpin, a judge at the South Jakarta District Court, last week.
“The government is attempting [to get Sarpin to drop the proceedings],” Tedjo said.
Tedjo did not mention who would mediate between the parties, but seemed to rule himself out.
Sarpin filed the complaint in March 30, but the police only acted on it after the Judicial Commission submitted a recommendation to the Supreme Court that the controversial judge be suspended for at least six months for ethical misconduct in handing down a contentious ruling in a pretrial motion on Feb. 16.
That motion was brought by Comr. Gen. Budi Gunawan, at the time the sole candidate for National Police chief, after he was charged in January with bribery and money laundering by the Corruption Eradication Commission (KPK).
Sarpin ruled that the KPK’s basis for charging Budi was invalid, effectively quashing the case before he had even been indicted — a move that legal scholars, including from the Judicial Commission, unanimously agreed went against the substance of the Criminal Code Procedures (Kuhap) and the scope of a pretrial hearing.
‘Public servants’
Police have denied accusations that they have attempted to criminalize the Judicial Commission, using an argument similar to the one employed when charging KPK chief Abraham Samad and his deputy, Bambang Widjojanto, for relatively minor historical offenses.
Charges against Abraham and Bambang, now suspended from their jobs, are widely seen as a police ploy to weaken the KPK — the most highly regarded public institution in the country.
The police force, on the other hand, are often named one of the most corrupt public institutions in Indonesia.
“We’re public servants. We must follow up on reports from the public. If the elements [of the reports] are strong, the National Police must follow up on those reports,” National Police spokesman Insp. Gen. Anton Charliyan told reporters in Jakarta earlier this week.
These elements include at least two pieces of evidence and testimonies from a witness and an expert witness, which Sarpin included in his report, Anton said.
The spokesman denied that the charges were another attempt to criminalize opponents of the police or their cohorts.
Anton said Judicial Commission members should not think of themselves as above the law.
“There is no such things as criminalization … If you disapprove of our moves, then just file a pretrial motion against us,” Anton said.
“Everyone is equal before the law, so never ask for special treatment."
Anton hit back at critics quick to use the criminalization tag, saying it was ironic the term was not used to describe charges against police officials.
“Why is it no one has ever mentioned criminalization or [attempts] to weaken the National Police in the case of charges against police members?”
A matter of ‘proportion’ and 'integrity’
In response to widespread criticism against the attacks against the Judicial Commission and the defanging of the KPK, Vice President Jusuf Kalla said the problem should be dealt with “proportionally.”
“If the Judicial Commission is being outrageous, surely it must tone down," the vice president said.
"If the problem is not that big, there is no need to blow it out of proportion,” he added, likely referring to the commission’s recommendation that Sarpin be suspended from the Supreme Court.
However, Kalla said there should be another way to deal with the issue, rather than naming the two commissioners as defamation suspects.
“They are all law enforcers," he said. "They must sit together.”
Kalla said he had told the commission chairman, Suparman, to learn a lesson from the case and be more careful in his public speeches next time.
“No one should act excessively. If there is no need to talk, then stop the habit of talking unnecessarily outside. Don’t attack one another,” Kalla said he told Suparman during a meeting at the vice president's office on Monday.
The day after Sarpin passed his controversial ruling Budi, Suparman was quoted as saying: “This [ruling] is of great concern and poses a legal quandary.
"It goes against the spirit of the Supreme Court in trying to reform the judiciary.”
In the wake of the outcry over the ruling, Sarpin went on the offensive, threatening litigation and criminal charges against anyone criticizing him.
That elicited even more ridicule from the Judicial Commission, which had begun an inquiry into the controversy. That prompted Sarpin to file his complaint with police three days later
President Joko has not addressed the issue directly in public, making only vague comments about the need for both the National Police and the Judicial Commission to safeguard the integrity of state institutions.
“[The president says] the integrity of state institutions must be safeguarded. On the other hand, a right legal process is ongoing," said State Secretary Pratikno on behalf of the president on Monday. He made the comments after meeting with National Police chief Gen. Badrodin Haiti at the State Palace.
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