Noes Soediono the Applicant of Surakarta Police District Command Decree (SK) Pre-trial (Polresta) to Surakarta State Court, plead for a judicial review of cassation regulation on Supreme Court (MA) Act. The Applicant also asked whether cassation adjuration can be applied for pre-court verdict. The first Trial of the pleading itself was held on Friday (11/7).

Prior to it, Noes filed a pleading of Polresta Surakarta Decree in Surakarta State Court pre-trial. The pleading has actually been decided, with rejection. Noes wanted to file a Cassation, but it is hampered by the regulation contained in Article 45A verse (1) and Article 45A verse (2) letter a, b, and c Act of Supreme Court (UU MA).   

The Act regulate MA to decide over Cassation, except for pre-court decision, 1-year sentence of imprisonment, and state administration cases in which regulate over regional object.  

Oktryan who acted as the Applicant’s Attorney cited that the settlement harms the Applicant, because the Cassation can’t be pleaded for pre-trial sentence. “The articles harm the Constitutional Rights of our client, because our client’s just is barred,” Oktryan said  

For that, the Applicant asked MK to cite Article 45A verse (1) and verse (2) a, b, c, UU MA opposed 1945 Constitution. “Stating the Article 45A verse (1) and verse (2) letter a, b, c of Act 5/2004 oppose Article 1 verse (3), Article 24 verse (1), Article 24A verse (1), Article 27 verse (1), and Article 28D verse (1) 1945 Constitution,” Rusdianto Matulatuwa who acted as Applicant’s Attorney.  

Justice’s Advice

Constitutional Justice Wahiddudin Adams as the panel Justice gives advice to the Applicant to revise its pleading. One of advised revisions lies on the legal standing. “Because the pleading doesn’t mention norms application of which state to harm Applicant’s Rights. None of the disadvantages being mentioned here,” Wahiddudin said.  

Besides, Wahiduddin also cites the Applicant to contain opposing norms in the posita, the pleading contains more failure in norms application than to smear law uncertainty.(Yusti Nurul Agustin/mh/kun)