Human Rights Commission (Komnas HAM) member, Roichatul Aswidah said that Article 245 Act 17/2014 (UU MD3) which conveys parliament’s immunity to commit proportional crime procedures has hampered equality in justice and bounds public access to the Court.

It was delivered as he testified in judicial review hearing on Article 245 UU MD3. He said that proportional principle is disregarded by the ruling of which. The immunity postpones legal procedures and so affects the rights of the victim.

Whereas, Article 14 Civil and Politic Rights Covenant guarantees someone’s rights to be sentenced without any inappropriate delay. “Therefore, postponing the process of the investigation harms the victim’s rights concerning of justice measurement,” he said at MK Plenary room, Wednesday (10/29).  

However, parliament’s immunity is allowed with some examination of proportionality and necessity principle. The basis of which was set to protect the parliament from the tyrant. Nowadays, parliament in democratic country fears the government no more. “Thus, given immunity and privilege set up a stronghold against the weak instead,” he added.

Therefore, European Human Rights Trial reckoned parliament immunity but only to glorify freedom to speak in the parliament and counterweighing separation of power.

In France, permission from the Assembly is no longer required for crime cases since France Constitution reform in 1995. It also happened in Italia and Romania in 2003. “England applies the immunity for Civil cases only, there is no immunity for crime cases,” he added.

In the preliminary trial, Crime Reform Society and several individual Plaintiffs petitioned Article 245 of UU MD3. According to the Plaintiffs, the regulation may be categorized as limitation or intervention of DPR RI Honorary Council Court to the dignity of law enforcer.

The ruling says any investigation that involves DPR member must granted permit from DPR RI Honorary Council Court before it takes place. The permits must be issued within 30 days after the request of investigation received. (Lulu Hanifah/mh/kun)