Domestic violence convict, Dwi Hertanty, filed petition for judicial review on Act 5/2004 about Supreme Court (UU MA), Monday (9/6).

Dwi Hertanty or Anty filed a petition of review on cassation limitation over specific-and-exiled cases to meet cassation limitation as determined in Article 45 A verse (2) letter b UU MA which says “Crime cases which are worth 1-year imprisonment and/or fine punishment.”

According to Anty’s attorney, Robert Paruhum, the regulation does less favor because it’s abolishing Plaintiff’s rights to apply for cassation over a two-month long sentence for domestic violence.

For the Plaintiff, the limitation harmed her fundamental rights, although the ruling was meant to reduce cassation application filed to MA, as well as to increase the quality of output generated by lower level court.

According to the Plaintiff, measuring justice substance must involve large- than-imprisonment –period parameter, otherwise the regulation will tend to force the convict to accept low-quality verdict, to which she objected trespassing her fundamental rights.   

By those reasons, the Plaintiff asked MK to annul the pleaded Article.

Justices’ Advices

To the Petition, Muhammad Alim who led the Panel advised for some revisions. According to him, the Plaintiff shall focus on norms contention toward pole Article of the Constitution, “Less explanation of concrete will do better, just to introduce the whole case,” Alim said. The Plaintiff will be given two-week period two revised their petition.  (Ilham/mh/kun)