Accused of corruption cases bioremediation fictitious PT . Chevron Pacific Indonesia , Bachtiar Abdul Fatah petition to fix the terms of the investigation , the arrest , and the examination of the case in the Code of Criminal Procedure ( Code of Criminal Procedure ) . Points of improvement delivered directly by Maqdir Ismail as Petitioner’s attorney at the hearing that was held Court on Tuesday ( 1/4 ) .

As per suggestion judge in a preliminary hearing , the Applicant reiterated these provisions have eliminated the protection and legal certainty for the applicant as a citizen of Indonesia . In addition , the Applicant was sure to have legal status ( legal standing ) to file this petition .

" As a citizen of Indonesia , the Applicant has the constitutional right to recognition, security , protection , and legal certainty and the constitutional right to due process of law as provided by Article 28D paragraph ( 1 ) and Article 1 paragraph ( 3 ) of the Constitution , 1945. Constitutional rights to recognition, security , protection , and legal certainty and the constitutional right to due process of law as provided by Article 28D paragraph ( 1 ) , Article 1 paragraph ( 3 ) of the Constitution of 1945 has been harmed by the enactment of a number of Code of Criminal Procedure article and tested through this petition , "said Maqdir .

Losses constitutional rights was perceived very specific . Therefore , Article 1 paragraph 2 , Article 1 paragraph 14 , Article 17 , Article 21 paragraph ( 1 ) of Article 77 letter a , Article 156 ( 2 ) Criminal Procedure Code be deemed to have applied in the sentencing process to the applicant who has been named as a suspect , arrest , and Applicant detention made ​​under the provisions of the . Whereas , Article 77 letter a same law apply to the Applicant in pretrial case .

" Obviously the causal relationship between the loss of constitutional rights with the enactment of the articles in the Criminal Code that were tested in this application . Since the enactment of the articles that were tested in this application have led to impaired his constitutional right to recognition, security protection , legal certainty , and the constitutional right to due process of law as provided by Article 28 paragraph ( 1 ) and Article 1 (3 ) Act of 1945 , "said Maqdir again .

Maqdir also asked the Court to declare the phrase " committing a crime " and the phrase " under circumstances which give rise to concerns that the suspect or the accused and so " contrary to the 1945 Constitution . By doing so , the applicant also requested that Article 21 paragraph ( 1 ) Criminal Procedure Code be interpreted continuing detention order or detention committed against a suspect or defendant allegedly based on insufficient evidence will flee , destroy , or eliminate evidence and / or repeat criminal offenses .

" Judge Your Honor that with reference to the matter of Article 77 letter a Criminal Code in accordance with the principles of due process of law as guaranteed by Article 1, paragraph ( 3 ) , Article 28D paragraph ( 1 ) , Article 28 paragraph ( 5 ) of the Constitution of 1945 , then the substance of Article 77 letter a forceful measures should also include other , so that Article 77 letter a must be declared contrary to the Criminal Code Act of 1945 conditionally ( conditionally unconstitutional ) and has no binding legal effect to the extent not understood include the determination of the validity of suspects , searches , foreclosure , inspection letter , and so on , " said Maqdir while reciting Demand ( petition ) the other request . ( Yusti Nurul Agustin / mh )