The Heir Of Poso Most Wanted Person Withdraw The Petition For Judicial Review
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The Heir Of Poso Most Wanted Person Withdraw The Petition For Judicial Review Of The Indonesian Criminal Procedure Code (KUHAP)

The petition for judicial review of Law No. 8 Year 1981 regarding The Indonesian Criminal Procedure Code (KUHAP) was withdrawn by the petitioner, Rahmat (37), an heir of one of the casualties in a police crackdown operation in search for Poso Most wanted Persons. In a panel hearing on Tuesday (10/2/2007) which was actually scheduled for examining the revised petition, Attorneys-in-Fact of the Petitioner H. Achmad Michdan SH., and friends of the Team of Moslem Lawyers (TPM) decided to abort the petition for judicial review.

In his explanation, in the face of the Panel of Constitutional Justices, the Petitioner’s Attorney stated that the petition for judicial review on the Elucidation of Article 95 Paragraph (1) of the Indonesian Criminal Procedure Code had to be withdrawn as the Petitioner felt that his life is threatened and he had been subject to oppression by certain parties who felt that the judicial review would be detrimental to them. The Attorney-in-Fact of the Petitioner also conveyed that the oppression and coercion to withdraw the petition is also related to the threats on the safety of the Petitioner’s families and friends, who are currently under the police custody for the Poso riot case. “We deeply regret the current use of oppression on the people’s efforts to seek justice”, said Michdan.

The hearing was then adjourned to provide an opportunity for the Panel of Justices to discuss the withdrawal in a deliberation meeting. When the hearing was resumed, the Panel of Justices read out its decision. In the Decision read by the Chairperson of the Panel of Constitutional Justices, Prof. Dr. Jimly Asshiddiqie, SH., the Panel of Justices declared that they approved the withdrawal of the petition.

Even though the Petitioner had withdrawn his petition for judicial review, Achmad Michdan said that TPM will continue the effort for judicial review on the Elucidation of Article 95 Paragraph (1) of the Indonesian Criminal Procedure Code which is deemed as limiting the citizen’s rights to obtain justice as well as causing legal uncertainty (ardli)


Wednesday, April 11, 2007 | 16:56 WIB 308
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