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Impoverishment as contained in Article of Money Laundering Fraud Eradication and Prevention (Act 8/2010) is challenged. Convicted of graft and money laundering case, M. Akil Mochtar, pleaded for Judicial Review of the Acts (UU TPPU).    

The preliminary hearing was held in MK Plenary Room, on Friday (8/29). Justice Muhammad Alim led other two Justices, Wahiduddin Adams and Aswanto, in the Panel. The hearing itself was attended by two representatives of the Plaintiff.

“We challenge 9 Articles of Act 8/2010, Article verse 2, Article 3, Article 4, Article 5 verse (1), Article 69, Article 76 verse (1), Article 77, Article 78 verse (1), and Article 95 Act 8/2010 of Money Laundering Fraud Eradication and Prevention (UU TPPU” said one of the attorneys, Adardam Achyar.

In the trial, Adardam described the phrase “reasonably suspected” as contained in Article 2, 3, 4, and 5 UU TPPU neglects comprehensive tracing for belongings derived from original crime as expedient of money laundering fraud.   

“The ruling of the Articles emerged baseless foreclosure. Many of Plaintiff’s seized properties are completely not related to criminal act accused to the Plaintiff. The seizure was applied without proper tracing, due to the ambiguous interpretation,” Adardam added.

 Within 40-page petition, Plaintiff also asked for exact authorized prosecutors. To Plaintiff’s knowledge, Corruption Eradication Commission (KPK) has no legal authority to prosecute Graft cases. Plaintiff also believed, such uncertainty emerged after the ruling of Article 76 verse (1).    

Article 76 verse (1) says:

Public Prosecutors obliged to file document case of Money Laundering to District Court within 30-day of work days since registration date, in which documents case is declared complete.

“We also see that applying two articles to any particular convicted is unfair and we ask MK to declare definite Constitutional interpretation” He added.    

In response to the petition Justice Wahiddudin Adams asked the Plaintiff to sharpen their loss. “Please be directive into the foremost point of constitutional losing. You spent 20 pages just to explain your argument,” Wahiduddin advised.  

Meanwhile, Justice Muhammad Alim said that judicial decision must rely on justice morality instead of usage values, considering the fact that corruption must be eradicated comprehensively, regarding Human Rights.(Winandriyo Kun/mh/kun)

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