“This action was contrary to the independence of the presiding judge. In addition to violating the code of conduct the judge also violated Court Procedures that are set out clearly in the law”.
 |
| Eyewitnesses of the Ahmadiyah community, Rahman, testified at trial of destruction Ahmadiyya mosque by a member of FPI named Muhammad Abdurahman alias Asep Utep District Court Bandung, West Java, (10/1). TEMPO / Prima Honor |
Source/Credit: Tempo Politik |
By Fransisco Rosarians | February 3, 2013
Judicial Commission considers Judge Sinung Hermawan, who disallowed Jamaat Ahmadiyya to take the oath according to Islamic religion, had violated Judges’ code of ethics and code of conduct.
According to Chairman of Judge Oversight and Investigations Department of the Judicial Commission, Suparman Marzuki, as a judge, Sinung should not be affected by external factors.
"The judge should preside the court according to the protocol”, said Suparman on Sunday February 3, 2012. “All of his all decisions should not be affected by the other party”.
Sinung is the judge in Bandung District Court.
On 10 and 15 January 2013, he refused the wish of five Ahmadi members -who are also witnesses for the case of the destruction of Masjid An-Nasir, Bandung- to take the oath according to the way of Islam.
The decision was made because the judge feared the wrath of other Muslims who attended the court.
“This action was contrary to the independence of the presiding judge”, said Suparman.
“In addition to violating the code of conduct”, Suparman continued, “the judge also violated Court Procedures that are set out clearly in the law”.
According to Suparman every witness shall be sworn according to their religion.
"Up to now there has been no report about the judge. Please report it, we definitely will look into it", said Suparman.
The action of Judge Sinung raised protest from the five Ahmadiyya membes and Bandung Legal Aid who questioned the decision of Judge Sinung that required the witnesses from Ahmadiyya to be sworn in a non-Muslim way.
The five members of the Ahmadiyya are witnesses against the defendant involved in Ahmadiyya mosque destruction.
Jamaat Ahmadiyya and Bandung Legal Aid, consider the act of Judge Sinung as peculiar and discriminatory because, at the beginning of the trial, the witnesses are stated as Muslims, according to Article 160 paragraph 2 of the Indonesian Penal Code whereby as Muslims, their religious identities are also supported by the identity card and other evidence.
But at the time of oath-taking, Judge Sinung followed the opinion of the defendant's attorney to take the witnesses’ oath as non-Muslims.
For his actions, Judge Sinung is deemed to have violated Article 160 paragraph 3 of the Indonesian Penal Code, which requires the witness to take the oath according to their religion.
Translated by Quratul`ain M. Anwar. Follow on Twitter: @ammadan
Minor Edits by Ahmadiyya Times
Read original post here: Indonesia: Judicial Commission rules anti-Ahmadiyya judge violated Code of Ethical Conduct
This content-post is archived for backup and to keep archived records of any news Islam Ahmadiyya. The views expressed by the author and source of this news archive do not necessarily reflect the views and policies of Ahmadiyya Times.
No comments:
Post a Comment
Thank you for your comments. Any comments irrelevant to the post's subject matter, containing abuses, and/or vulgar language will not be approved.