Fara Novia Manoppo, convicted bank, through its power Ichwan Heru Putranto, stating objections to the provisions in Article 49 paragraph (1) letter c of the Banking Act which requires that the maximum criminal fines and minimum and maximum and minimum. Act on Banking was held at the Constitutional Court on Wednesday (12/14/2011).

Article 49 Paragraph (1) letter c of Act 10/1998 on Amendment of Act No. 7/1992 concerning Banking states: "Members of the board of commissioners, directors, or a bank employee who knowingly: c. change, obscure, conceal, remove, or eliminate the existence of a record in the books or in the report, and in documents or reports of business activity, transaction reports or a bank account, or intentionally alter, obscure, remove, conceal or destroy accounting records, the punishable by imprisonment of at least 5 (five) years and a maximum of 15 (fifteen) years and a fine of at least Rp. 10 billion, - (ten billion rupiah) and at most Rp. 20 billion, - (twenty billion rupiahs). "

According to Petitioner, the provisions of article are contradictory to Article 28D Paragraph (1) of the 1945 Constitution. "The provisions contained in Article 49 paragraph (1) c of the Banking Act contrary to the principles of recognition, security, protection and legal certainty of fair and equal treatment before the law which is a human right, as intended by Article 28D paragraph (1) of the Constitution 1945, "said Ichwan Heru Putranto, Fara attorney.

As in the description of the petition, Fara Novia Manoppo found guilty by the District Court (PN) North Jakarta for a crime that occurred on the banks of Bank OCBC NISP Tbk. Ivory Palm Branch of Rp. 385.52 million. Amar North Jakarta District Court Decision Number: 86/Pid.Sus/2011.PN.Jkt.Ut dated 20 April 2011, dropping six years imprisonment and a fine of 10 billion dollars.

Imprisonment sanctions and criminal penalties imposed under the provisions of Article 49 (1) C Banking Law. Fara North Jakarta District Court ruling considered burdensome and detrimental to their constitutional rights. Moreover, if compared with the sanctions on money laundering, corruption or even the crime of embezzlement.

On the other hand, the North Jakarta District Court judges who are hearing Fara, she be punished with criminal sanctions under five years because if this is done, then the judge has violated the provisions and rules in the Banking Act.

A preliminary trial of this case Number 82/PUU-IX/2011 held by Chief of Panel Ahmad Fadlil Sumadi, accompanied by  Achmad Sodiki and Muhammad Alim. Responding to a request that Court issued interlocutory to order the North Jakarta District Court to stop or delay the criminal conviction, Judge Acmad Sodiki stated this request is not the authority of the Court. "We have no authority to intervene in state court," said Sodiki. (Rosihin Nur Ana / mh/Yazid.tr)