Noes Soediono, a Plaintiff of Judicial Review over Article 45A verse (1) and Article 45A verse (2) letter a, b, and c Supreme Court Act has revised his lawsuit as Panel of Justices had advised. It was declared by his three attorneys, Rusdianto Matulatuwa, Ferdinand Robot, and Oktryan Makta in a Trial, held on Monday (8/25) at MK Plenary room.   

The attorneys also delivered several revised points. Previously, the Plaintiff used four Articles to be used as reviewing pole, Article 24 verse (1), Article 24A verse (1), Article 27 verse (1), and Article 28D verse (1) 1945 Constitution. Revision left only Article 28D verse (1) to be used, for the sake of efficiency. “We have already reduced (reviewing pole). Only Article 28D left (1945 Constitution),” Oktryan Makta said.  

In the Trial, three written evidences also declared valid by Justice Mohammad Alim. “Attached evidences that you’ve filed along are P-1 to P-3, right? Therefore, evidences P-1 to P-3 are declared valid,” Alim retained.

Noes filed a review over cassation application to Supreme Court (MA). Requirement in those a quo Articles hamper Noes’ attempt to apply for prejudicial cassation. Those a quo Articles determine MA to be able in handling cassation cases, except the following: Prejudicial verdict, fine or at longest one year imprisonment cases, and state administration cases which are objecting local-scope ruling.

As delivered by previous Plaintiff, Noes once filed a Prejudicial Application over Res.Police Surakarta letter number 01/Pid.Pra./2014/PN.Ska to Surakarta District Court, but the application was rejected. Noes wanted to file Cassation but it was barred as determined in the Article 45A verse (1) and Article 45A verse (2) letter a, b, and c Act of MA.

In the preliminary Trial (7/11), Oktryan cited that the requirement harm his rights, because, no cassation application can be filed for prejudicial verdict. “Those Articles have hurt our client’s constitutional rights. Because, in its execution, our client is kept away from justice,” Oktryan said beforehand. (Yusti Nurul Agustin/kun)