Ina Parlina, Jakarta – The Judicial Commission (KY) and the Supreme Court are at loggerheads over whether Judge Muhammad Daming Sunusi, who attracted widespread public outcry for making an insulting remark about rape victims, should be fired.
The commission insisted on Wednesday that a judicial ethics committee should be established to pave the way for Daming's dismissal, although the Supreme Court has balked at the request.
In a letter sent to the commission on Feb. 1, the Supreme Court said an ethics hearing for Daming was unnecessary and that he should be handed an "appropriate punishment".
After examining Daming over the incident, the commission announced recently that he had breached the judicial code of ethics and should be dismissed from his current position. The commission added, however, that Daming should be dismissed honorably and still be given his pension.
"The Supreme Court cannot reject the establishment of an ethics panel for Daming unless we withdraw our recommendation," Judicial Commission member Asep Rahmat Fajar said on Wednesday.
"The establishment of an ethics panel is in line with Article 22[F] of Law No. 18/2011 on the Judicial Commission as well as a joint commission-Supreme Court regulation."
Asep said the commission and the Supreme Court were obliged to form an ethics hearing for Daming, who has the right to defend himself.
According to Asep, three out of five judges brought before ethics hearings last year over allegations of serious breaches were dismissed. The two others received punishments but remained in their jobs.
In the letter, the Supreme Court argued in Daming's defense that the embattled judge had made a public apology for his remark. He had also served on the judiciary for 35 years and had never before committed a disciplinary violation, the letter said.
"Clearly Daming was wrong to utter [the rape remark]. But it was merely because he was out of control. It would be unfair to dismiss him via a hearing," Supreme Court spokesman Ridwan Mansyur said on Tuesday as quoted by Antara news agency.
During a fit-and-proper test at the House of Representatives in January, Daming said that some rape victims may enjoy the sexual intercourse and so introducing the death penalty for rapists would be inappropriate. His statement caused a public furore.
The Supreme Court, however, would agree to impose a commensurate sanction against him as the statement was made outside a courtroom, Ridwan added. Ridwan refused to detail the kind of sanction envisaged, saying the court would seek to discuss the matter with the commission.
The commission insisted, however, that they had considered all the Supreme Court's arguments. "We weighed all the facts before we decided upon dismissal," Asep said.
The commission, which is tasked with proposing candidates for Supreme Court justices to the House, has admitted it made a mistake in selecting Daming. According to the commission, Daming passed an overall evaluation during the commission's selection process.
Since this case erupted, the commission has tightened the requirements for Supreme Court justices in its upcoming selection process.