Second Trial of Act 20/2001 of Act 31/1999 Change about Corruption Eradication Judicial Review (UU PTPK) was held on Tuesday (15/7) in MK Plenary Room. The trial was scheduled for revision hearing.

In the trial, Doni Istyanto Hari Mahdi and Muhammad Umar as the Applicants have fixed their pleading as the Justice has advised. The revision comprised petitum addition and legal ground. “We want to fix our position to become Individual Citizenship,” the Applicant said toward the Maria Farida Indrati-led Judge Assembly.

After validating the evidence, Judge Assembly explained that the Pleading will be delivered to the Judges Consultative Meeting (RPH), before taken into Plenum. “We will be deciding over the pleading, whether we will deliberate in plenum or not,” he said.

The Applicants argue that the ongoing corruption eradication is effortless as the Article 1 number 1 UU PTPK determined the convicted can’t be sentenced by highest penalty. The article says, “’Special Condition. in this circumstance is a condition which can be used to burden the corruption convicted if the act violate the fund of national disaster, social conflict resolution, Moneter and finance crisis, and repeated act of corruption.”     

The Applicants had informed a corruption act of portable x-ray procurement for the several developing areas in 2007. The act was accused to violate state’s finance to about Rp9,48 billion and the convicted has been sentenced with 3 years imprisonment. The penalty was barred by the Article, considered as an irony to corruption eradication effort in Indonesia. This may prompt another corruption act since the maximum penalty can’t be applied. This affects no chary for anyone to conduct a corruption act. Hence, in the petitum, Applicant asks MK decide on the phrase “a condition which can be used to burden the corruption convicted if the act violate the fund of national disaster, social conflict resolution, Moneter and finance crisis, and repeated act of corruption” as unconstitutional.(Lulu Anjarsari/mh/kun)