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Judicial Commission Probes Judges’ Ethics After Chinese National Acquitted in Illegal Mining Case

LawJudicial Commission Probes Judges’ Ethics After Chinese National Acquitted in Illegal Mining Case

JAKARTA — Indonesia’s Judicial Commission (KY) has launched an ethics investigation into judges from the Pontianak High Court after their controversial decision to acquit a Chinese national previously convicted of illegal gold mining in West Kalimantan.

The case centers on Yu Hao, who had been sentenced in October 2024 to three years and six months in prison and fined Rp30 billion by the Ketapang District Court for operating an unlicensed mining tunnel nearly 400 meters long. Prosecutors charged Yu under Article 158 of Indonesia’s Mineral and Coal Mining Law, which carries a maximum penalty of five years’ imprisonment and a Rp50 billion fine.

However, the Pontianak High Court overturned the conviction, declaring Yu not guilty. The judicial panel was led by Judge Isnur Syamsul Arif, with Eko Budi Supriyanto and Pransis Sinaga serving as associate judges.

On May 21, Judicial Commission spokesperson Mukti Fajar Nur Dewata confirmed that a special team had been deployed to examine whether ethical violations occurred during the appeals process. While Mukti acknowledged that preliminary findings suggest possible misconduct, the details remain confidential. “The results will be reviewed internally by KY members tasked with supervision,” he said (source).

The acquittal has stirred public concern as Indonesia continues to combat widespread illegal mining activities, which often contribute to environmental degradation and social unrest. The case has also drawn scrutiny due to its international dimension and the precedent it may set in judicial transparency.

The commission’s investigation could result in disciplinary action if ethics violations are confirmed, but KY has no authority to reverse judicial decisions. It can, however, recommend sanctions or refer cases to the Supreme Court for further review.

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