The Constitutional Court (MK) held trial of judicial review on the Act 5/2004 (UU MA), which was filed by former member of the Mobile Brigade (Brimob), Daniel Liunome, Wednesday (22 / 10) at MK Plenary Room.

In THE session led by the Chief Justice, Hamdan Zoelva, the government represented by the Acting Director General of Legislation Kemenkumham, Mualimin Abdi, stated that Article 67 letter b of UU MA filed by the petitioner was examined and decided by the Court in case number 56 / PUU-VIII / 2010. As known, Article 67 letter b UU MA arranges reason PK appeal civil case after case been decided, founded papers which are decisive evidences that at the time the case being examined could not be found.

However, the government saw the argument in the request is different from the arguments that has been put forward by Daniel Liunome in Case Number 81 / PUU-XII / 2014. However, the government saw the article in the Constitution (1945) which is used as the pole by Daniel is improper.

Furthermore, the government also said that what had happened to the applicant is the implementation of norms and the applicant also has used his constitutional rights to take legal actions in the State Administrative Court, "The applicant also has to use his right that remedy in the Administrative Court, an appeal to the PK. It is, thus, less precise when the provisions of Article 67 letter b of Law Supreme Court considered detrimental to the constitutional rights of the applicant,"said Mualimin.

Government stated, if the request was granted, it still in question whether or not Daniel Liumone maybe returned as a member of the Indonesian National Police (INP). The Government also considered that rejection novum (new settlement) in the review process (PK) is the right of a judge to hear a case. Accordingly, the government saw the judicial review Daniel is struggling for, is not related to any violation against UUD 1945.

For information, Daniel Liunome sued Metro Jaya police chief because he was dismissed from the corps Bhayangkara through the Assembly Ethics Committee on 30 April 2011 with the rank of Bripda. He also sued Metro Jaya police chief and win on November 18, 2011. Metro Jaya police chief did not give up the appeal, but still lost. Finally Metro Jaya police chief filed a PK and then granted by the Supreme Court on May 23, 2013. Against the verdict, Daniel filed a judicial review to the Supreme Court Act. According to him, the article set novum or new evidence in the Supreme Court Act has taken away their constitutional rights.

The verdict also rejected the tested Novum Daniel. As a result of this Supreme Court decision, Daniel felt discriminated because of the PK which was granted by the Supreme Court. (Ilham/ mh/kun)