The Course on Human Rights for District Judges: The Judge Should Have Tolerance Paradigm for a Diversity

Thursday, February 26th, 2015

ELSAM, Tuban – Judiciary as the primary key in the field of fair and just law enforcement, is required to judge according to law and not discriminate against people with any religious affiliation or cult. Dr. Dani Elpah, S.H., M.H. who represented Supreme Court Institute for Research, Training and Judicial Practice (“Balitbang Diklat Kumdil MA”) remarked this at the opening of the course on human rights for district judges in Tuban, Bali on Monday (02/23).

“We cannot deny that the existence of religious or belief pluralism in Indonesian society has the potential to cause friction and intolerance between believers, sects or cult that may result in judiciary,” said Dr. Dani, a judge of the state administrative high court.

Since the judge being appointed, according to him, s/he must have the tolerance paradigm for a diversity as the 1945 constitution has given assurance in religious or belief diversity. He also reminded that existing legal instrument which supports tolerance for a diversity as justice paradigm has been placed on the principles of judicial powers in the Law No. 48/2009. During his speech, Dr. Dani also appreciated cooperation to provide the course on human rights for district judges. According to him, the course will be able to assist Supreme Court to improve the quality of professional development for human resources in leading the technical work performed for the Judiciary.

The course on human rights for district judges held in Tuban, Bali on February 23rd-26th, 2015 was collaboration between ELSAM and Balitbang Diklat Kumdil MA. 48 district judges from jurisdiction of High Court of Surabaya, Denpasar, Mataram, Jakarta, Banten and Makassar underwent this course. This course also presented several respected speakers, such as Prof. Azyumardi Azra, M.A., Bambang Noorsena, S.H., and Dr. Suparman Marzuki, S.H., M.H.

The idea for course with the overall theme “Tolerance for a Diversity as Justice Paradigm” originated from concerns that several court Acts still do not fulfill the deemed justice for minority victims of religious or belief freedom. ELSAM recorded seven cases based on religion or belief proceed thru the court throughout 2014.

Specific phenomena that characterize religion or belief trial cases, especially in the court are milder punishment or even exemption from it; impartial judgment; judge’s indecisiveness that led to an emergence of terror or intimidation or human rights instruments are rarely used in decision-making.

During a public lecture with the theme “KBB Tolerance for a Diversity as Universal Values and Characters,” Prof. Azyumardi Azra explained on how principles on tolerance have created human civilization. According to him, Indonesia’s diversity is a miracle that should inspire gratitude. Therefore, he added, a judge might play a role in diversity by performing it properly.

Meanwhile, Bambang Noorsena, S.H. spoke about diversity and local religious practice in Indonesian history, and the principles of tolerance in the context of Republic of Indonesia. Bambang also stressed the importance of maintaining integrity in diversity by judges and the history of religious persecution as well as how to protect freedom of religion and belief in Indonesia. While Dr. Suparman Marzuki, S.H., M.H. explained the position and the role of the judge in judicial system.

At the end of the course, on Thursday (02/26), Martani Mardja, S.H., M.H. represented Balitbang Diklat Kumdil MA declaring the course’s importance in supporting judge’s work. “Let them pass what they learned from this course to the courtroom workgroup,” she concluded.

Author: Adiani Viviana
Editor: Ari Yurino