Supriyadi as Applicant accompanied by his Attorney Hariadi Yahya when submitted the evidence of petition revision to an official at judicial review on Act of the Criminal Procedure (Undang-Undang Kitab Undang-Undang Hukum Acara Pidana –UU KUHAP) on Monday (16/02) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

The Constitutional Court (Mahkamah Konstitusi –MK) held petition revision session on Act Number 8 Year 1981 of the Criminal Procedure (Undang-Undang Kitab Undang-Undang Hukum Acara Pidana –UU KUHAP) on Monday (16/02), at Plenary Room, the Constitutional Court Building. The petition filed by the Indonesian Anti-Corruption Society and the Institute of Indonesia Supervision and Law Enforcement Escort (Lembaga Pengawasan dan Pengawalan Penegakan Hukum Indonesia).  

In the revision, the Applicant accompanied by Applicant’s Attorney Hariadi Yahya said the petition was the same with previous one. “Thank you, Your Honor. At the session, we willing to deliver that we maintained the fixed previous arguments because the decision referred by Article 268 (1) the Criminal Procedure is already a legal certainty which also a death penalty,” said Hariadi at the session of case number 17/PUU-VIII/2015.

Therefore, Head Panel Aswanto validated the evidences filed by the Applicant. “Because fixed on previous petition, no need to be presented then. We directly validate the evidences. The Applicant includes P-1 to P-7 evidences, right?” said Aswanto then knocking the hammer which validated the evidences.

Previously, the Applicant sued Article 268 (1) Act Number 8 Year 1981 of the Criminal Procedure which stated, “Request of reconsideration towards decision doesn’t suspend or stop the implementation of the decision”.

Therefore, the Applicant willing an extended meaning in which the reconsideration didn’t hamper the execution including the death penalty. The Applicant also adopted, argued, and based on the previous Constitutional Court verdicts which reject the abolishment of death penalty on Verdict Number 065/PUU-II/2004, Verdict Number 2, 3/PUU-V/2007, and Verdict Number 15/PUU-X/2012. (Panji/Prasetyo Adi N)