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Benny Setiady Rasman delivers revision points at judicial review session on Act of Narcotics, on Wednesday (2/9), at Plenary Room, the Constitutional Court Building. Photo PR/Ganie 

 

 

 

The Constitutional Court (Mahkamah Konstitusi –MK) holds petition revision session on Act Number 35 Year 2009 of Narcotics, on Wednesday afternoon (2/9), at Plenary Room, the Constitutional Court Building. Benny Setiady Rasman delivers petition revision as Applicant.

“The first revision is regarding the legal standing. It will be useless if the way of law enforcement on narcotics cases in Indonesia still use recent ways. Regarding death penalty for drug offenders, I agree if those sentenced by death penalty is the kingpin. In my opinion, Mary Jane is like a baby whose diaper inserted with narcotics,” said Benny Setiady Rasman.

Regarding Rasman’s statement, Constitutional Justice Manahan MP Sitompul as Head of Justice Panel requests that the Applicant reasserts petition points. “What is your petition points, actually?” said Manahan.

The Applicant is willing to explain drugs problems in Indonesia, particularly regarding law enforcement on narcotics cases.

“However we yet recognize the Articles you sued and the demands you filed in the petition,” said Manahan responding Applicant’s statement.   

Meanwhile, Constitutional Justice Suhartoyo examines petition revision which still not in accordance with petition regulation. “The Constitutional Court passes verdict based on the petition, either in terms of formality or substantial. You don’t refer the Articles related to Mary Jane, because you still doubt the sanction applied to Mary Jane. Moreover, there is no petition demand in the revision you conducted,” said Suhartoyo.

“A petition should mention Constitutional Court’s authorities, legal standing, and petition points. Your petition is already mention the petition points; however it doesn’t mention the petition demands (petitum),” said Suhartoyo.

As known, the Applicant argues there is no guarantee of protection and legal certainty in Indonesia, as well as fair and correct procedure in applying sanctions to offenders. According to him, clear procedures should be applied in sentencing death penalty to drugs offenders. He also argues that the procedure shall be noted in an Act.

The Applicant refers his statement to the case suffered by Mary Jane Veloso. According to him, Mary Jane is not supposed to be sentenced by death penalty. He assesses Mary Jane is not the kingpin. He further says that a lot of drugs kingpin who bigger than Mary Jane and recently still imprisoned.

According to the Applicant, law enforcers or Acts shall be able to process entire offenders based on fair principles; the biggest offender shall be sentenced by more punishment and sentenced prior to lower offenders’ punishment. He adds that law enforcers shall receive public report professionally and they process the report on correct order. (Nano Tresna Arfana/IR/Prasetyo Adi N)

 

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