The Constitutional Court (MK) today, Tuesday (19/2) held a hearing improvement on judicial review of Article 41 paragraph (4) of Act No. 31 of 1999 on the Corruption Eradication 8/PUU-XI/2013 registered with the case number. Petitioner was the Indonesian Anti-Corruption Society (MAKI) represented by Bonyamin deliver improvements in the petition.
Bonyamin said that it has revised application in accordance suggestions the panel of judges at a preliminary hearing ago. Things were improved among other things, the composition of the authority of the Court, legal standing, constitutional and factual, and norms are tested. "The composition of the authority, legal standing, losses, and norms that have tested me explain. Then the principal application and its relation to the norms of the reviewed material I explained as much detail as possible," said Bonyamin accompanied by another Principal Petitioner Supriadi.
In addition to the points already mentioned Bonyamin improvements, the applicant also added a rationale related to public participation. Petitioner also requested that the public be given the right to file a lawsuit against the termination of the investigation and prosecution as well as existing in Environmental Law, Consumer Protection Act, and the Criminal Procedure Code. "So we understand that Corruption Act that citizens have the right to report and ask, but we considered it incomplete. Supposedly, the public has the right to sue about the termination of the investigation and the termination of the prosecution in the norm of Corruption Act. So we are not asking the public has the right to sue the perpetrator or country that does not want to deal with cases of corruption," said Bonyamin were also asked Corruption Act applies conditional.
To understand, at a preliminary hearing Petitioner explained that they felt aggrieved with the enactment of Article 41 Paragraph (4) Corruption as lead applicant does not have the right to sue to halt corruption cases. Plea stems from the frequent rejection of applicant when applying for pre-trial on the grounds right to sue NGO or community is not regulated in the Corruption Act.
"The Narcotics Act and Terrorism Act, people who do not report it convicted. We were when filing a lawsuit against termination even exception of termination lawsuit. As if we are not entitled to file a lawsuit," said Bonyamin who feel his struggle guarding Corruption court case be futile because they otherwise have no legal standing in this case a preliminary hearing on Tuesday (5/2) then.
Article 41 paragraph (4) Corruption Act filed by the applicant to be tested is as follows.
Rights and responsibilities as set forth in paragraph (2) and paragraph (3) carried out by sticking to the principle of principles or provisions stipulated in laws and regulations and to comply with the norms of religion and other social norms.
Chief Judge of the Panel, Maria Farida Indrati passed the written evidence presented by the Petitioner at 25 proof. "I endorse the evidence submitted, P1 to P25. We will submit to the slaughterhouse to negotiate the continuation of the case. It will be presented at the next session and you can ask witnesses, "Maria said as she closed the hearing that was held in the plenary Court. (Yusti Nurul Agustin / mh)
Tuesday, February 19, 2013 | 17:46 WIB 112