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Feels treated unfairly, a police officer, Pol.Brig.Sec. (Bripda) Daniel Liunome pleaded for Act 5/2004 Judicial Review to the Court.

In the preliminary hearing, Thursday (9/11), his attorney, Sutopo Simbolong declared that Article 67 verse (b) which says requesting civil case review that has obtained permanent legal power may only be filed after the following requirements: verse (b). If determinant evidences were found after the verdict been decided, has infringed Plaintiff’s Constitutional Rights.

Sutopo said that the regulation lets Supreme Court (MA) to grant a review (PK) requested by Metro Jaya Police, in accordance to the Bripda Daniel Liunome dismissal. He said that the norms failed to determine the existence of novum as PK basis.

To the pleading, The Panel of Justice said that the Plaintiff must explain more about his hurt constitutional rights, based on Articles in the 1945 Constitution. Panel of Justices said that, if the ruling was annulled, there will be no longer PK being filed to MA. It was also said that similar pleading had been reviewed before, so that the Plaintiff shall use different perspective in elaborating his lawsuit.

Brida Daniel Liunome was imprisoned for 9 months by the Bekasi District Court, due to his wrongdoing. After being barred, Daniel faced Ethical Code trial and officially dismissed from his tenure. He whined that Jakarta Police abandoned him during the hearing. On the other hand, Daniel direct superior issued a recommendation letter on July 19, 2010 in which says that Daniel still deserves his tenure.

Eventually, in November 2011, State Administration Court (PTUN) revoked the dismissal, as the letter was considered opposing scrupulous principle. To the verdict, Jakarta Police Chief appealed to MA for cassation. The cassation request was rejected preceding triumph in PK stage. It was granted despite novum absence. Daniel felt hurt to the decision and asked MK to declare Constitutional interpretation to the Article.(Ilham/mh/kun)