CHAPTER IV

THE JUDGE AND HIS/HER OBLIGATION

Article 28
(1) The Judge has to search, take, understand values of law and justice in society
(2) In considering heavy or light of criminal, a judge also must pay attention to the kind and
wicked of a defendant
Article 29
(1) The person who is tried has to deny the right to a judge who trying his/her case
(2) The denying right as that is aimed in section (1) is someone’s right which is aimed to
propose objection that is escorted by reason to judge who tried a case
(3) A judge must retirement of a meeting if he has blood relation or family relation until third
degree, or relation husband and wife although has divorced, with a leader, one of a
member judge, a prosecutor, an advocate, or clerk of court.
(4) The leader of the council, member judge, prosecutor, or clerk of court must retirement of
a meeting if they have blood relation or family relation until third, or husband and wife
relation although has divorced with the person who is tried or avocado
(5) A judge or clerk of court must retirement of the meeting if he has importance directly or
indirectly with a case is examining, both it based on his own will and based on the
request of person has case
(6) In collision to determine of section (5), the decision is proved illegitimate and a judge or
clerk of the court is given administration doubt or sentenced based on the regulation of
legislation

Article 30
(1) Before holding his/her position, a judge, a clerk of court, a substitute clerk of court, and
bailiff for each of court of justice area is obliged to say swear or promise based on
his/her religion
(2) The swear or promise of a judge as that is aimed in section (1) reads as follows:

Vow:
“On behalf of Allah, I swear that I will fulfill judge’s obligation with the best and the really
fair, absolute hold constitution of Indonesia Republic 1945, and perform all of the
regulations of legislation honestly based on the constitution of Indonesia Republic 1945,
and show loyalty to country and nation.”

Promise:
“I promise that I will really fulfill the judge’s duty with best and really fair, absolute hold
constitution of Indonesia Republic 1945, and perform all of the regulations of legislation
honestly based on the constitution of Indonesia Republic 1945, and show loyalty to
country and nation.”
(3) the statement or promise of the clerk of court, substitute clerk of court, or bailiff is as
which is arranged in the regulation of legislation