T

he Institute for Criminal Justice Reform (ICJR) has urged the Supreme Court, which oversees judges across the country, to instruct South Jakarta District Court Sarpin Rizaldi to revoke his defamation report against two leading members of the Judicial Commission (KY), chairman Suparman Marzuki and deputy chairman Taufiqurrohman Syahuri.

The National Police have gone ahead in processing Sarpin'€™s report by naming the two KY sitting commissioners suspects for public remarks criticizing the pretrial ruling vindicating National Police deputy chief Comr. Gen. Budi Gunawan. The ruling was handed down by Sarpin in February.

Sarpin filed a defamation report with Bareskrim in March alleging that statements made by Suparman and Taufiqurrohman in the media had tarnished his name.

The police moved against Suparman and Taufiqurrohman just days after the KY concluded its investigation, finding that Sarpin had violated the judges'€™ code of ethics in his ruling on Budi'€™s pretrial plea, in which he claimed that the Corruption Eradication Commission (KPK) investigation into Budi was '€œillegitimate'€. The KY further recommended the Supreme Court suspend Sarpin for six months for his offenses.

ICJR director Supriyadi W Eddyono said that the police'€™s move against the two KPK commissioners had closed the door for the public to criticize any controversial ruling in the future.

'€œIf the Supreme Court does not ask Sarpin to do so then it means that the court closes the door [for the public] to criticize rulings in the future. This goes against with the openness principle campaign that the Supreme Court has promoted so far,'€ Supriyadi said.

'€œTheir statements criticizing the controversial ruling were made in their capacity as state officials who are protected by the law,'€ Supriyadi added.

Shortly after the police'€™s move, the KY called on President Joko '€œJokowi'€ Widodo to come to the aid of Suparman and Taufiqurrohman in the case.

On Monday, Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatno said that the government would try to lobby Sarpin to withdraw his defamation report in a move to prevent future institutional conflicts.

National Police detective division chief Comr. Gen. Budi Waseso insisted on Tuesday that the defamation case could not be stopped unless South Jakarta District Court Sarpin Rizaldi revoked his police report.

'€œI have no problem if the person who filed the report decides to revoke the police report. I am just conducting my duties,'€ he said on Tuesday.

Budi added that his division would automatically drop the case if Sarpin requested it as the charges were based on the latter'€™s report, not an investigation initiated by the police.

He also asked the public not to accuse the police force for criminalizing the KY commissioners as there was no basis for such accusations.

'€œ[Naming the KY commissioners suspect] is just a normal thing. When I was working on the cases against the [suspended] Corruption Eradication Commission [KPK] commissioners, people kept saying that I was criminalizing them or making things up. Of course, that is not the case. I am a professional and this is purely an act of law enforcement,'€ Budi said.

Moreover, he urged the public not to look at the charges as an attack against the institution but as a simple matter of law enforcement directed against individuals that had violated the Criminal Code (KUHP).

Separately, Sarpin'€™s lawyer Dion Pongkor said that Sarpin had yet to make up his mind whether or not he would comply with the government'€™s suggestion to withdraw his report at the Bareskrim office.

'€œIt all depends on Pak Sarpin whether he will accept or reject the suggestion. Today, we will discuss the matter,'€ Dion said.