Kores Tambunan, Attorney of Regent of the Central Tapanuli Raja Bonaran Situmeang told the Constitutional Justice several revisions have been applied to the petition. The petition was filed upon request judicial review on Criminal Procedure Code (KUHAP). The trial was held on Tuesday (11/25) at Constitutional Court (MK) Plenary Room.  

Kores told that Justices’ advices in previous trial have been infused to the revised petition. Legal standing is one subject to the revision. Article 28D 1945 Constitution also being added as touchstone to measure Article 1 number 24, Article 17, and Article 21 paragraph (1) KUHAP. Article 28D 1945 Constitution stated that every citizen may possess acknowledgement, protection, and legal certainty.  

Aside from it, the Plaintiff also added argumentation related to the allegedly ambiguous Article 1 number 24, Article 17, and Article 21 paragraph 10 KUHAP. Kores stated that preliminary sufficient evidences required is too ambiguous in implementation. In result, the Plaintiff has his rights violated as he was under house arrest.  

Albeit, the law adjudicates preliminary evidence must be assessed upon related Articles. In short, related Articles contain formulation in which the provision takes part as evidences requirement. Crime proving must be railed in elements confined in an Article. “In order to avoid arbitrary in arrestment, every single evidence must support one to another, including to one of the suspect although it is not obliged by the KUHAP,” Kores said.    

Aside from it, Corruption Eradication Commission (KPK) has been accused to violate Plaintiff’s Constitutional Rights as the commission was accounted for several allegedly arbitrary actions in labeling preliminary evidences. It is happened as KPK was condemned for frivolous actions in stipulating Article 1 number 14, Article 17, and Article 21 paragraph (1) KUHAP.  

“In other words, KPK accused the Plaintiff as suspect without sufficient preliminary evidence. This is arbitrary and discriminative actions to the Plaintiff,” Kores said. (Yusti Nurul Agustin/kun)