The Review Rules of Criminal Code Unacceptable
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The Constitutional Court (MK) decided not to accept the testing of Law No.8/1981 on the Law of Criminal Procedure, Law No.48/2009 on Judicial Power, Act No. 3/2009 on the Second Amendment to Law Number 14/1985 on the Supreme Court. A decision by Number 44/PUU-X/2012 is read by Chief Justice of the Constitutional Court, Moh. Mahfud MD assisted by a seven constitutional judges on Tuesday (26/6) at the Plenary Court Room.

In the Court's opinion read by the Constitutional Court Zoelva Hamdan, Petitioner test the constitutionality of the Act in this case Article 268 paragraph (3) of Law 8/1981, Article 24 paragraph (2) of Law 48/2009, Article 40 paragraph (1) and Article 66 paragraph (1) of Law 3/2009 of the 1945 Constitution. Therefore, further Hamdan, the Court has the authority to hear this case the petition. "However, the Court carefully examined the petition, there are 3 things: The applicant does not list the 1945 Constitution which is used as a test stone; posita relationship between the application and petition are unclear; and Applicant pleaded Article 40 paragraph (1) of Law 3/2009 to enhance by linking cases of concrete, "he explained. In addition, Hamdan explained that the basis of Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraph (1) letter a of Law Number 8 Year 2011 regarding the Constitutional Court, the petition is not clear aims and objectives.

"Considering that, therefore, the Court believes the petition is not clear (obscuur libel) and the purpose thereof is not relevant for consideration," he explained. Based on the assessment of facts and law as described above, the Court concludes Hamdan explained that the Court has the authority to hear this petition. "The applicant petition is obscure (obscuur libel). Principal application is not considered, "said Mahfud. (Lulu Anjarsari / mh/Yazid.tr)


Wednesday, June 27, 2012 | 02:10 WIB 126