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House of Representatives and the Government assert that the provision of reconsideration (PK) only one time had been in line with the 1945 Constitution. One of them, in accordance with Article 28D paragraph (1) of the 1945 Constitution, which in principle states that every person has the right to fair legal certainty and equal treatment before the law.

Member of Commission III by Ahmad Yani, PK is not limited to filing it will bring harm to the justice seekers. Because, if opened opportunities for more than one time, in addition to violating the law, will also result in a lengthy lawsuit and end without end. "As a result, it does not give rise to legal certainty for seeking justice," Yani said in court while representing House of People Representatives in Case 21/PUU-XI/2013, 34/PUU-XI/2013, and 36/PUU-XI/2013 on Wednesday (15/5) at the Plenary Court.

In addition, said Yani, the provisions in accordance with the principle of justice is simple, fast, and low cost. Based on this principle too, hope will motivate justices to hold a full hearing PK with prudence and caution. "Because the decision will determine the fate of a person," he said.

According to Yani, PK rights restrictions justified by Article 28J (2) of the 1945 Constitution. "So the condition tested by the applicant does not conflict with the 1945 Constitution, if done consistently and firmly. But these days the fact that the articles are not implemented consistently and decisively," he said.

In addition, he also pointed out that the current Parliament and the Government is working on the Law of Criminal Procedure (CCP) are new. Because of it, later decision of the Court in this case will be considered in the discussion and formulation of draft Criminal Procedure Law.

Representatives of the Government, the Head of Research and Development of the Ministry of Law and Human Rights, Mualimin Abdi, expressed similar things. According to him, the provision does not restrict and hinder the right of the applicant to benefit from science and technology to improve the quality of life as set forth in Section 28C (1) of the 1945 Constitution.

The petition asks the Court to the right to open the heirs of the victim to file a PK, according Mualimin, is not in accordance with the model of the state and the victim’s relationship to law enforcement adopted by Indonesia. He said Indonesia follow Service Model. Where, the victim had been represented by the state through the Police and the Prosecutor to protect and fight for their rights in the judicial process.

"If law enforcement has done its job for law enforcement and justice, actually represent all the interests of the law relating to violations of criminal law, including representing the interests of victims of crime," said Mualimin.

Injustice

On the same occasion, in Case No. 34/PUU-XI/2013 filed by former Chairman of the Corruption Eradication Commission, Antasari Azhar, asked an expert, Yusril Ihza Mahendra, and a witness Sri Bintang Pamungkas.

In expert testimony, Yusril argued that the petition filed by the Petitioner is not ne bis in idem. The reason, in addition to the different samples used in the stone, the argument was different. While the substance of the petition, he asserted that the restriction is only one filing PK has spawned injustice, so contrary to the 1945 Constitution.

According to him, people should be punished for life or put to death simply because his fate is at stake provisions that PK only one time when there novum (new evidence) has a very strong and convincing that they are not guilty. "The purpose of the judiciary is to uphold justice. Is independent judiciary should be deprived of it by Article 268 paragraph (3) Criminal Procedure Code so that the court cannot perform its function of justice," he added half-inquired.

Sri Bintang Pamungkas, testified about her experience in undergoing the legal process. At least three cases have ever faced, charged with insulting the President, subversive activities, and criminalization, so fired with no respect as a civil servant. Where the three have lost their souls because only one filing PK. (Dodi / mh)

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