MK stated petition filed by defendant of corruption case on Jemundo Agribusiness Wholesale Market land procurement, Sudarto, was aborted. It was caused since Applicant on Judicial Review of Law No. 8/1981 on Criminal Law Procedure passed away on December 28^th, 2014 in Sidoarjo Penitentiary. It was delivered by Justice Patrialis Akbar during petition revision hearing held on Tuesday (13/1) in MK Plenary Courtroom.

On previous hearing, through Sugeng Nugroho as attorney, Applicant felt his constitutional rights were aggrieved and potentially harmed by the implementation of Article 1(10)a and Article 270 of Law No. 8 of 1981 on Criminal Law Procedure. Prior to this, Applicant was convicted guilty in Sidoarjo District Court with decision of imprisonment for 1 (one) year. Hereafter, Applicant filed appeal toward Surabaya High Court, which in his decision stated that General Prosecutor’s indictment on Applicant was not legally proven and convincing hence Applicant was set free of charge.  

Then, General Attorney filed appeal to Supreme Court and eventually Applicant received Supreme Court’s decision which on its verdict stated Applicant was proven to commit criminal act as indicted, and revoked Surabaya High Court’s decision by imposing imprisonment for 4 (four) years. After that, according to Article 266 of Criminal Law Procedure, Applicant asked for a copy of the decision on Sidoarjo District Court but has not been finished. According to Applicant Attorney, Akhmad Zamroni, with the implementation of Article 270 of Criminal Law Procedure, execution shall not be imposed since the copy of the decision has not been handed over to the Applicant. However, General Attorney from Sidoarjo Attorney District Office still sought to execute decision which verdict has not been in place with General Attorney reason that executor of Court’s decision has law abiding authority as stipulated under Article 270 of Criminal Law Procedure. (Lulu Anjarsari/ky)