Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)
Previously, the www.hukumindo.com platform has talk about "Umrah Pilgrim Fraud with Low Cost Mode in Bogor Happens Again", "5 Interesting Cases that Become the Jurisprudence of the Supreme Court in Indonesia", "How To Report Online Scammer Or Fraud To The Police In Indonesia", "5 Most Bizarre Court Cases in US History" you may read also "These are 4 Legal Cases that Have Befallen the Elderly in Indonesia" and on this occasion we will discuss about 'Another Unique Case, Judge Marrying Divorce Plaintiff Becomes Second Wife'.
A Tulungagung Religious Court (PA) judge married a divorce plaintiff in a case she handled as a second wife ended bitterly. The judge with the initials MY who married the litigant in the trial handled was dishonorably dismissed alias dismissed for violating the code of ethics. The dismissal was carried out at the Honorary Council of Judges (MKH) session on Friday (3/2/2023). The panel of judges at the MKH Session was the deputy chairman of KY M Taufiq HZ as the chairman of the panel of judges, along with KY members Siti Nudjanah, Binziad Kadafi and Amzulian Rifai. Also representatives of the Supreme Court namely Supreme Court Justices Syamsul Maarif, Purwosusilo, and Yasardin.
Apart from being proven to have violated the judge's code of ethics, MY has also committed polygamy without a permit in accordance with existing regulations. More than that, the judge also did not recognize the child from his second wife and did not provide for the child. "And not setting an example as a senior judge," said Taufik. The case began when MY was still serving at the Tulungagung Religious Court. At that time, the reporting woman, who later became the judge's second wife, was in the process of divorcing her previous husband and accidentally met MY.
The judge MY asked for the contact number of the complainant and stated that he would take care of the divorce case. MY allegedly arranged so that he could become a member of the assembly in the reporting case, then during the trial process MY invited the reporter to marry. Because she wanted the divorce process to end quickly, the reporting woman agreed to MY marriage proposal. After the reporter's divorce decision was approved, it didn't take long for MY and the reporter to marry in a series. After being married serially, MY promised several things until they were officially married.
However, according to the reporter's confession, after a day of being officially married MY disappeared without news and did not fulfill his promise before being officially married until finally the woman reported MY actions to the Judicial Commission in 2021. on purpose. However, said MY, he had actually refused to become a member of the panel of judges in the reporting case. MY argued that he finally agreed to become a member of the panel of judges in the reported divorce case at the request of the head of the PA. During the trial MY also admitted that he had asked the complainant to marry in a series and to have a child from this relationship.
Furthermore, still in MY defense note, he informed his first wife at the same time to ask permission for polygamy. After receiving permission from his first wife, MY then took care of the licensing for polygamy at the official office on the grounds that his first wife was sick so he could legally marry his second wife. Among the ethical codes that have been violated, namely number 5 point 5.1.(3) reads that "judges must avoid contact, either directly or indirectly, with advocates, prosecutors and parties in a case (which is) being examined by the judge concerned".
The MKH trial which took place on Friday (3/2/2023) with the decision of the Panel of Judges dismissing MY was the third trial that has been held. The previous two trials were postponed because MY was unable to attend due to illness. For the first time in the history of the MKH trial, the reported MY had to be presented virtually via Zoom because he was still sick and under the supervision of a doctor. Also attending the trial were MY first wife and MY nephew who lived with MY and MY first wife as witnesses. And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you.
*) For further information please contact:
Mahmud Kusuma Advocate
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
1. "Akhir Pahit Hakim Pengadilan Agama Nikahi Penggugat Cerai Jadi Istri Kedua", www.detik.com., Denza Perdana, Diakses pada tanggal 7 Februari 2023, Link: https://www.detik.com/jatim/hukum-dan-kriminal/d-6551946/akhir-pahit-hakim-pengadilan-agama-nikahi-penggugat-cerai-jadi-istri-kedua
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