Judicial Honour Council dishonourably discharges Judge SW proven to have accepted Rp2 billion bribe
The Judicial Honour Council (MKH) has imposed the severe sanction of dishonourable discharge (PTDH) on a judge with the initials SW, a judicial officer at the South Jakarta District Court, after he was proven to have accepted bribes in the handling of a case amounting to Rp2 billion. The MKH, comprising judges from the Judicial Commission and the Supreme Court, handed down the heavy sanction because SW was proven to have received money for the payment of an auction object in 2022.
"Imposing a severe sanction in the form of dishonourable discharge, as stipulated in Article 19 paragraph (4) letter e of the Joint Regulation of the Supreme Court and the Judicial Commission Number 02/PB/MA/IX/2012 and 02/PB/P.KY/09/2012 concerning Guidelines for the Enforcement of the Code of Ethics and Code of Conduct for Judges," said MKH Chair Hamdi in a statement in Jakarta on Wednesday.
During the session, it was revealed that the ethical violation originated from a report stating that SW, who at the time served as the Head of the Kudus District Court, received Rp1.9 billion and Rp150 million. The money was supposed to be used as payment for an auction object, specifically a house. Because the auction object was processed without following the applicable auction mechanism, the money was entrusted or consigned to SW in his capacity as the Head of the Kudus District Court at the time. However, SW did not deposit the money according to the agreement as the proceeds of the auction payment to the bank for the settlement of the auction object.
"SW admitted that the money he received was used to build a personal CV, pay his mortgage, and for office activities," Hamdi stated. The reports against SW were not isolated; many parties reported him. Throughout 2020, the reported judge SW was also reported for issuing a decree that was not registered in the Kudus District Court register, where the decree number was the same but the parties involved were different. SW was also previously reported for taking control of inheritance assets in a non-procedural manner. The reported judge SW also frequently received litigants in his private office. While serving as the Head of the Baturaja District Court, SW was reported to have received a sum of money related to case management. As a result, in 2023, SW was sanctioned with a six-month non-palu (non-gavel) duty. However, due to health reasons (a stroke), SW was assigned as a Judicial Officer at the South Jakarta District Court.
In his defence, SW expressed an intention to return the money he received, but the reporting party demanded full repayment. SW planned to repay the money through a bank loan. However, his application was rejected because he did not obtain a recommendation from the Head of the South Jakarta District Court, considering SW’s health condition and the fact that the MKH decision was still pending. SW admitted all his mistakes and hoped the council would accept his defence. He also stated he remained willing to return the money he had received, although he did not yet know how to repay it in full. During the session, SW was accompanied by a defence team from the Indonesian Judges Association (IKAHI), who requested the council to deliver a proportional ruling given the reported judge’s health condition.
In its legal considerations, the MKH found no new information of value or mitigating circumstances during the MKH trial. Meanwhile, the aggravating factors were that the reported judge’s actions were inconsistent with the Code of Ethics and Code of Conduct for Judges (KEPPH) and that he had not returned the money received. The MKH then decided to uphold the Memorandum of the Chief of the Supervisory Chamber of the Supreme Court of the Republic of Indonesia Number KM.WAS/98/M/7/2023 dated 23 July 2023. "The reported judge’s actions violated the Joint Decree of the Supreme Court and the Judicial Commission Number 047/KMA/SKB/IV/2009 and 02/SKB/P.KY/IV/2009 concerning the KEPPH, namely: having high integrity, upholding self-respect, behaving fairly, behaving honestly, and behaving professionally," Hamdi stated.