Chief Justice of the Constitutional Court
Jakarta – The Constitutional Court declared Bibit S Rianto-Chandra Hamzah case as a fabricated case. Their case can still be settled by way of deponeering or abolition.
"If the case is still brought to court, the public would know that it is fabricated. There are already 2 court evidence. First, Anggodo had been sentenced. Second, it was declared as fabricated case at the Constitutional Court," said the Chief Justice of the Constitutional Court Mahfud MD.
This was stated by Mahfud in the commemoration of the Anniversary of the Alumni Corps of the Islamic Student Association (Korps Alumni Himpunan Mahasiswa Islam-KAHMI) at the National Monument, Central Jakarta, Sunday (10/10/2010).
With regard to the Supreme Court’s rejection of reconsideration filed by Bibit-Chandra, Mahfud viewed it as reasonable, since a pre-trial could not be filed for appeal.
"The legal term is cannot be accepted, not rejected. Since the Supreme Court is not authorized to examine such reconsideration. Rejection is related to the substance," Mahfud explained.
Mahfud believes that Bibit-Chandra should not feel as if they were criminals in this case. There are still 2 legal measures that can be taken in accordance with the instruction from President Susilo Bambang Yudhoyono (SBY) to settle this case outside the court.
"Deponeering or abolition may be used. I think the President should affirm his standing so that this case is not brought to court," Mahfud affirmed.
As a consequence of the Supreme Court decision, the Corruption Eradication Commission will weaken.
"It would weaken whether we like it or note, although insignificant," Mahfud said.
The Supreme Court has decided not to accept the Attorney General’s Office’s petition for reconsideration on the Termination Letter of Prosecution in Bibit-Chandra case. In its injunction of decision, the Supreme Court stated that it is not authorized to address the reconsideration.
"The injunction of decision of NO (Niet Ontvankelijk Verklaard) or reconsideration cannot be accepted as it does not meet the formal requirements, this is in accordance with Law No.5/ 2004 concerning Judicial Powers, in which the Supreme Court has the right to decide upon reconsideration case at the appeal level unless that of limited by the Law, namely the pre-trial verdicts," Head of the Legal and Public Relations Bureau of the Supreme Court, Nurhadi said in his office, Jl Medan Merdeka Utara, Friday (8/9/2010).
As a consequence of such decision, Bibit Samad Rianto and Chandra M Hamzah must comply with the decision of Jakarta Appellate Court stating that the Termination Letter of Prosecution of Bibit-Chandra was invalid. This means that the alleged bribery case against the leadership of the Corruption Eradication Commission with the defendant Anggodo Widjojo related to the legal process of the alleged bribery case of the Integrated Radio Communication System project should be brought to court.
detikNews 10/10/2010
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Monday, October 11, 2010 | 07:20 WIB 362