Constitutional Court (MK) decided not to accept application of Fahmi Ardiansyah, a student who was sentenced on misdemeanor criminal (tipiring). The decision established the Court in the trial court judgment pronunciation number 42/PUU-XI/2013, Tuesday (09/10/2013). "Petition is not clear," said Chief Justice M. Akil Mochtar.

In his judgment, the Court assessed the Applicant did not provide arguments for the unconstitutionality of the norms in the Act No. 5 of 2004 on Supreme Court (MA), Law no. 39 of 2008 of the Ministry of State, Law no. 16 of 2004 on the Prosecutor of the Republic of Indonesia, and the Law. 2 of 2002 on the Indonesian National Police were tested in this case.

Moreover, according to the Court of the articles in the Basic Law (1945 Constitution), which made the touchstone in this petition is not clear and cannot show how the confrontation between the norms in the four laws that were tested with the 1945 Constitution. Court also considered the Petitioner did not elaborate on the constitutionality of the norm and more elaborate concrete cases which are not under the authority of the Court.

In a previous hearing, the Petitioner through his attorney to question the actions of investigators, prosecutors and judges who do not comply with the memorandum of understanding between the Supreme Court, Ministry of Justice and Human Rights, Prosecution, and Police regarding the application of restorative justice in the criminal offense of theft under $ 897,000 are categorized as tipiring. It was felt by the Applicant sentenced for the theft of clothing worth no more than Rp. 897,000 remained subject to felony penalties. (Ilham / mh)