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National scene: Activists report judge Sarpin to KY

JP / DonA number of activists on Tuesday filed a report against judge Sarpin Rizaldi with the Judicial Commission (KY) following his controversial pretrial decision on Monday ordering the Corruption Eradication Commission (KPK) to stop an investigation into National Police chief hopeful Comr

The Jakarta Post
Jakarta
Wed, February 18, 2015

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National scene: Activists report judge Sarpin to KY

JP / Don

A number of activists on Tuesday filed a report against judge Sarpin Rizaldi with the Judicial Commission (KY) following his controversial pretrial decision on Monday ordering the Corruption Eradication Commission (KPK) to stop an investigation into National Police chief hopeful Comr. Gen. Budi Gunawan.

Sarpin, who has previously been reported to the KY for allegedly accepting bribes with regard to a number of controversial rulings he made in the past, made the decision, which also ordered the antigraft body to lift the graft-suspect status it earlier slapped on Budi, although the Criminal Law Procedures Code (KUHAP) did not grant him any authority to do so.

The activists included Erwin Maposmal of the Indonesian Legal Roundtable (ILR), Julius Ibrani of the Foundation of the Indonesian Legal Aid Institute (YLBHI), Erasmus Napitupulu of the Institute for Criminal Justice Reform (ICJR) and Febi Yonesta of the Jakarta Legal Aid Foundation (LBH Jakarta) as well as Siti Aminah of the Indonesian Legal Resources Center (ILRC).

'€œWe want to report judge Sarpin on allegations of violating the judges'€™ code of ethics in his decision,'€ Erwin said at the KY office on Tuesday.

The KUHAP only grants a judge authority to approve a pretrial hearing with regard to improper arrests or unilateral stoppage of graft investigations by a law enforcement institution. There is not a single article in the KUHAP that allows a judge to lift or order to stop an investigation carried out by law enforcement institutions through a pretrial mechanism.

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