Jakarta, MKOnline - The provisions of concerning in filling up the judicial review (JR) for the cases that involving the good name and the lives of a person who will be sentenced to death or by life imprisonment stated only in one time, even though they have lost their lives, families and their descendants. Whereas the right of life is guaranteed as says in Article 28 letter A and Article 28 letter I paragraph (1) of the 1945 Constitution.
Therefore, the second time efforts of JR’s application filing is to realize the justice and the truth of the material which will restore the image and dignity of the Institution of the Supreme Court as the last bastion of justice in the country.
As stated by the attorney of the Petitioner case number 10/PUU-IX/2011 trial in the Constitutional Court (MK), Muh. Burhanuddin on Tuesday (08/03/2011). The agenda of the assembly is regarding the petition improvement examination whom conducted by the Panel of Judges Chairman by Hamdan Zoelva accompanied by two members of the Constitutional Justice M. Harjono and Akil Mochtar.
The Petition filed by Liem Marita aka Aling. He examine the constitutionality of Article 24 paragraph (2) of the law 48/2009 on Judicial Power, Article 66 paragraph (1) of the Law 14/1985 Jo Law 5 / 2004 Jo Law 3 / 2009 on the Second Amendment to the Law 14/1985 on the Supreme Court, and Article 268 paragraph (3) of Law 8 / 1981 on Criminal Proceedings.
In front of the Constitutional Court Judges Panel, Burhan convey the change request, regarding legal status (legal standing) of the Petitioner. Burhan said the legal status (legal standing) of his client is an individual Indonesian citizen who was sentenced to a Lifetime imprisonment of Judicial Review by the Decision number 160 PK/PID.SUS/2009 Jo RI Supreme Court Decision No. 895 K/Pid/2007 April 27, 2007 Jo Jakarta High Court Decision number 299/Pid/2006/PT.DKI January 15, 2007 Jo North Jakarta District Court Decision No. 1234/Pid/B/2006/PN.JKT.UT on November 2, 2006. "This is our emphasis on legal standing," said Burhan.
The Petitioner also added clauses in the 1945 Constitution to be tested. In repairs, the petitioner tested the Article 1 Paragraph (3), Article 28 letter A, Article 28 letter D Paragraph (1) Article 28 letter I Paragraph (1) reads the 1945 Constitution. In addition, Petitioner also ensures his arguments which contained in the petition. According to Petitioner, the urgency of judicial review is a remedy that is extraordinary remedies that is correct or fix the errors, so that a remedy can be done by correcting the wrong. "The correction efforts can only be done by the highest judicial Institution which runs the supreme mastery of the course of justice," said Burhan's attorney argued.
Furthermore, Burhan explained about the function of criminal prosecution. According to him, the function of punishment is no longer just emphasize on the aspect of retribution (retributive), but also the business aspects of rehabilitation and social reintegration of criminals. "This concept is intended to make inmates aware of his mistake, no longer willing to commit criminal acts and returned to citizens who are responsible for themselves, their families and their environment," he continued.
Therefore, the Article 24 paragraph (2) of Law 48/2009 on Judicial Power, Article 66 paragraph (1) of Law 14/1985 Jo Law 5 / 2004 Jo Law 3 / 2009 on the Second Amendment to Law 14/1985 on the Supreme Court, and Article 268 paragraph (3) of Law 8 / 1981 on the Law of Criminal Procedure, must be changed along for the death penalty and life sentences and to allow the filing of the petition PK more than once for the sake of justice and truth of the material or substantive.
Aling through their proxies requested that the Court declare the examiner articles Act by allowing more than once for the death penalty and life sentence because it’s contradicting with the 1945 of Constitution of Indonesia. After that, he declare the articles in the law has no binding legal force with all the legal consequences with PK exempted for applicants who were sentenced to death or life imprisonment can apply for PK more than once in the Criminal case.
Before closing the hearing, the Judge Panel endorsed the evidence. Petitioner filed ten items of evidence; evidence of P-1 through P-10. (Nur Rosihin Ana/mh/Intan)