The trial continued to review Article 244 of Law 8 of 1981 on Criminal Code (Criminal Code) held back the Constitutional Court (MK) on Tuesday (28/8)) at the Plenary Court. No case was registered with. 71/PUU-X/2012 was filed by former Head of Department of Social Welfare, Family Planning and Women's Empowerment of Pasaman Regency, Idrus.
The applicant is waiting for the verdict of the Supreme Court of the Republic of Indonesia at the request of the Public Prosecutor appeal inspection Negri Lubuk Sikaping Attorney dated July 9, 2008, against the decision of the Court of Negri Lubuk Sikaping 55/Pid/2007/Pn number. Lbs dated June 19, 2008. In the trial repair request, Petitioners present no represented by legal counsel, has made several improvements application in accordance with the advice given to the trial judge Constitution before. "We have also improved the application and petition in accordance with the advice given by the Constitutional Assembly. Petition previously requested that 'Article 244 of Law HAP otherwise meaningless' be 'contrary to the 1945 Constitution', "he explained before the Constitutional Council, headed by Ahmad Fadlil Sumadi.
In the trial, the panel of judges which also consists of Deputy Chief Justice of the Constitutional Court Achmad Sodiki and Anwar Usman approved several items of evidence. "We endorse the evidence submitted by the applicant, seven items of evidence," he explained.
Principal applicant in his petition argued that their constitutional rights have been violated by the enactment of Section 244 Criminal Procedure Code. At the end of 2006 the State Attorney Lubuk Sikaping shall summon the applicant on grant aid in 2004, at the time Petitioner served as Head of Social, Family Planning and Women's Empowerment of Pasaman Regency, for the investigation and at the time it was immediately named as a suspect. In 2008, the District Court made the decision freely Lubuk Sikaping purely to the applicant with the decision No. 55/Pid/2007/PN. Lbs dated June 19, 2008; with the help of the cow is the reason the grant, in accordance with the letter of agreement between the Ministry of Social Affairs of the Republic of Indonesia with Agam Regent No. 53/HUK/2004.
On July 9, 2008 the Public Prosecutor State Prosecutor Requests Investigation Lubuk Sikaping filed an appeal to the Supreme Court of the Republic of Indonesia on the basis of legal jurisprudence of the Supreme Court of the Republic of Indonesia Still No. K/275/Pid/1983, derived from Article 244 of Law No. 8 1981 on Criminal Procedure, as Public Prosecutor considers the decision of the District Court is Lubuk Sikaping spaces are Pure. Petitioner concludes that Article 244 of Law No. 8 of 1981 on Criminal Procedure which reads "Against the verdict, given criminal case at the last by the Court other than the Supreme Court, the defendant or the prosecutor may request an appeal to the Supreme Court examination unless the acquittal. "is contrary to the norms of the Constitution as set forth in Article 1 (3), Article 28D paragraph (1) and Article 28i paragraph (2) of the 1945 Constitution. (Lulu Anjarsari / mh/Yazid.tr)
Tuesday, August 28, 2012 | 17:50 WIB 126