The Constitutional Court (MK) returns Law held a hearing test. 8 of 1981 on Criminal Procedure Code of the 1945 Constitution on Tuesday (14/8) at the Plenary Court. Former Gorontalo Governor Fadel Muhammad is recorded as an applicant in cases registered with the Registrar of the Court 76/PUU-X/2012 number.

In a preliminary hearing, Mochtar Lubis as the applicant’s attorney argued Article 80 Criminal Code violated his constitutional rights. Article 80 of the Criminal Procedure Code states "legitimate inquiry to examine whether or not a termination of the investigation or prosecution may be brought by the investigator or prosecutor or interested third parties to the chairman of the district court stating the reasons." Lubis said Petitioner returned to the alleged perpetrators of corruption "Fund Mobilization Member of Parliament for 45 Prov. Gorontalo "set violated the provisions of the Law no. 31 Year 1999 on Eradication of Corruption.

"Gorontalo High Court ordered the investigation in 2005 by the suspect Amir M USD 5.5 Billion to alleged fictitious funds. Amir was found guilty and the verdict stated, "The suspect with the governor" and is interpreted is the Governor of Gorontalo (Applicant). At that time, the applicant was charged immediately be suspect. Due to insufficient evidence, the High Court to stop the investigation, but the ICW Gorontalo claim an interest as a third party to file a pretrial lawsuit on December 13, 2011 and the pretrial court adopt, "explained Lubis before the Constitutional Council, headed by Ahmad Fadlil Sumadi.

Article 80 of the Criminal Procedure Code Applicant assesses possible "Third Party Stakeholders" to apply for a pretrial. However, this article does not explain clearly who the third parties concerned are entitled to a pretrial, and what requirements to be called a third-party interest. The article only describes the request for examination about the lawfulness of the termination of the investigation or prosecution may be brought by the investigator and the prosecutor and the third party concerned to the court by saying why. "According to the Petitioner, the construction of which was built in the Article 80 of the Criminal Procedure Code can actually reduce the security, protection and legal certainty constitutional norms set out in Article 28D paragraph (1) of the Constitution of the Republic of Indonesia Year 1945, due to multiple interpretations opportunities. Rule in the Code of Criminal Procedure Article 80 throughout the phrase "Third Party Stakeholders", should of legal certainty, it is left as an article that "vague understanding", thus opening up opportunities for NGOs to file pretrial, which was even more obscure the meaning of security, protection and certainty law in Article 28D paragraph (1) of the 1945 Constitution.

Responding to the petition, the judges of the Constitution which also consists of Deputy Chief Justice of the Constitutional Court Ahmad Sodiki and Justice Anwar Usman suggest improvements to the Applicant. Anwar suggested that the applicant elaborates the concrete problems experienced by the applicant with the loss of the Petitioner. Meanwhile, Sodiki reveals is a constitutional impairment is loss causation between the Petitioners by the NGO as a third party in the Code of Criminal Procedure Article 80. While Fadlil explain the Petitioner asks unconstitutional petitum conditional on Article 80 Criminal Code. "Because of the conditional decision of what you ask, then you have to distinguish clearly between the rulings because it is rather close agreement with the application of constitutional law. While the question of judicial norm that courts issue, not a matter of the application of the norm. This should be elaborated," he said.

Assembly Constitutional Court decided to postpone the hearing and provide an opportunity to the applicant within 14 days to fix the petition. The next hearing scheduled to examine the improvements made by the applicant. (Lulu Anjarsari / mh/Yazid.tr)