Legal Analysis of the Legal Responsibility of the Panel of Judges for Negligence in Deciding on Corruption Cases Resulting in Punishing People Who Are Actually Innocent (Study on Decision No. 1133 PK/Pid.Sus/2023)

Abstract

The panel of judges as law enforcers has a moral and constitutional obligation to ensure that the judicial process is carried out carefully, transparently, and based on valid evidence. However, cases such as Decision No. 1133 PK/Pid.Sus/2023 show that there have been judicial errors that are very detrimental to innocent parties due to negligence in the judicial process. The purpose of this study is to determine and analyze the responsibility and legal consequences of the panel of judges for negligence in deciding on corruption cases resulting in punishing people who are actually innocent. This study uses the statute and case method for normative legal research. The legal data used consists of normative data obtained from legal documents and doctrinal data from academic literature. Data analysis is carried out through content analysis, case analysis and theoretical analysis. The findings of this study are the negligence of the panel of judges in assessing the evidence of the case revealed in decision number 1133 PK / Pid.Sus / 2023, causing an unfair decision and violating the principle of legality, damaging public trust in the integrity of the justice system and violating the rights of the accused, then the panel of judges who decided at the first level, appeal level and cassation level who sentenced the accused who should have been innocent, showing that the panel of judges as mentioned above did not act impartially and independently for the sake of legal certainty and fair and transparent justice, it is appropriate for the judge to receive the consequences of punishment / sanctions, ranging from administrative sanctions such as reprimands, temporary suspension, to removal from office by the Judge's Honorary Council to supervision by the Judicial Commission, as well as civil lawsuits from the accused or the party who was the victim of the judge's negligence. Judicial reform is needed to prevent negligence of the panel of judges in deciding cases and the importance of a recovery mechanism for victims of judicial errors and increasing the professionalism of judges for the sake of public trust and certainty of just law.