Preliminary hearing of judicial review Law 8/1981 of the Criminal Procedure Code (KUHAP) - Case No. 120 / PUU-XII / 2014 – was held by the Constitutional Court (MK) on Thursday (11/13) afternoon.
"Our core application is related to Article 1 paragraph 2, Code of Criminal Procedure. Our application in which questions the sole authority possessed by the investigator with no supervision conducted by an external party. So the investigators can do anything they want, manipulating, against the suspect. On the basis, we are applying for, "said attorney Applicant, Fauzi Novaldi.
In addition, the governor asked the Justices to postpone the implementation of phase two which will be conducted by the investigator to the prosecution in the High Court of West Sumatra.
"Because we really believe, the alleged suspects are establishing manipulation as used by investigators. Therefore we plead with immense hope that Your Highness may direct the Attorney General to suspend, stop or at least delay or stop the transfer of the case of our client, your Highness, "said Fauzi.
Justices’ Advice
In response to the petition, the Constitutional Justice Wahiduddin Adams advised, "First thing to note that the test you are the general provisions, definitions. The definition of a legislation that is definite. It means that it must be narrow in scope, "he said.
Meanwhile, Constitutional Justice Ahmad Fadlil Sumadi responded about the legal position of the applicant. "You have described the legal position. It should be comprising explanation of the principal reasons in the petition. Try to rethink the way it describes the problem of how, should that person has legal standing in bringing such in the Constitutional Court, "added Fadlil Sumadi.
While the Panel Chair, Aswanto clarified article which tested by Applicant. "Which would you test Article 1 number 1 or number 2? In your application number 2, it considers returning the Criminal Procedure Code, Article 1 paragraph 2 the prosecution\'s investigation. Try number 2 I read, \'The prosecution is the act of the public prosecutor to decide a criminal case can be made prosecution or not, makes the indictment\', "explained Aswanto.
"Perhaps you mean the Article 1 paragraph 1 of investigation? What does it say number 2? Why, in the legislation that you enter as evidence, Article 1 paragraph 1, the investigation, "added Aswanto.
As is known, Article 1 paragraph 2 of Law No. 8 of 1981 states, "Investigation is investigating a series of actions in terms and in the manner set forth in this law to find and collect evidence with evidence that shed light on the crime that occurred and in order to find the suspect. "
The petition was filed, because Applicant specified as a suspect based on a decision that is not valid and is not based on the law, because the determination of the suspect is not constituted by an unlawful act or abuse of authority such as mark up the price of goods, or goods not in accordance with the specification, as stated in the contract. (Nano Tresna Arfana /mh/kun)
Thursday, November 13, 2014 | 18:01 WIB 100