IKAHI Reviewed Juvenile Justice System Act which Considered Criminalizes Judge

Chief Justice Mohammad Saleh as one of the judges filed a judicial review against the Law 11/2012 on Child Criminal Justice System (Juvenile Justice Act). Through their attorney, Lilik Mulyadi, he stated that the provisions of this Act have criminalized the judges.

In his petition, M. Saleh also claimed that this request as Chairman of the Association of Judges of Indonesia (IKAHI). "Article 96, Article 100, and Article 101 (Law on Juvenile Justice, pen) has reduced the degree of independence of the judges in performing his judicial duties," said Lili in Case No. 110/PUU-X/2012, Monday (19/11) at the Plenary Court. "Due to the threat of sanctions in terms tested in the interpretation that has opened formal criminal violations of the child, the child criminal legal procedure, is a crime that should be punishable by criminal sanctions."

In fact, says Lili, has been a very clear and tangible aspect of law enforcement, criminal enforcement of formal child is an instrument for the judges to uphold and ensure the enforcement of criminal laws substantive child. Consequently, the presence of such criminalization, the judge’s chambers to dig into a closed society of justice and will give birth legisme judiciary. "Putting the judge only as mouthpieces laws alone," said Lili. "Criminalization of politics is not oriented on the values of the balance of the public". In fact, according to him, it is a form of intervention provisions of the institutions forming the judicial authority law. So, he thought, it has violated the principle of checks and balances mandated by the Constitution of 1945. "Contrary to Article 1 (3), Article 24 paragraph (2) and (3) of the 1945 Constitution," he said.

This law, he continued, disproportionate and did not have clear objectives. After hearing the petition points, Constitutional Justice Panel consists of Anwar Usman (Panel Chair), Maria Farida Indrati, and Achmad Sodiki may then provide some suggestions for improvement. 

The Article 96 of the tested applicant reads, "Investigator, prosecutor, and judge who willfully fails to perform the obligation referred to in Article 7 paragraph (1) shall be punished with imprisonment of 2 (two) years or a fine of not more Rp200.000.000 , 00 (two hundred million rupiahs). "while Article 100, states," The judge who willfully fails to carry out the obligations referred to in Article 35 paragraph (3), Article 37 paragraph (3), and Article 38 paragraph (3) shall be punished with imprisonment of 2 (two) years. "of Article 101, to formulate," court officials who willfully fails to perform its obligation as referred to in Article 62 shall be punished with imprisonment of 2 (two) years. "(Dodi / mh/Yazid.tr)

Tuesday, November 20, 2012 | 06:09 WIB 115