The Constitutional Court (Mahkamah Konstitusi –MK) accepts withdrawal on petition registered in Case Number 99/PUU-XIII/2015. As known, Mardhani Zuhri files the petition which sues Article 170 (1) the Criminal Code. Chief Justice Arief Hidayat read Court statute regarding the withdrawal on Tuesday (22/9) at Plenary Room, the Constitutional Court Building.

“The Court grants withdrawal on Applicant’s petition. Judicial review petition on Article 170 (1) the Criminal Code towards the 1945 Constitution which registered in Case Number 99/PUU-XIII/2015 is declared withdrawn,” said Hidayat.

Hidayat explains that Court’s Registrar has received Applicant’s letter on August 24, 2015 regarding Withdrawal on Judicial Review Petition on Article 170 (1) the Criminal Code towards the 1945 Constitution, saying the Applicant withdraws Petition registered in Case Number 99/PUU-XIII/2015. “Towards withdrawal request, Justice’s Consultative Meeting dated September 14, 2015 has determined withdrawal request on petition registered in Case Number 99/PUU-XIII/2015 has legal ground,” said him.  

The Applicant is Indonesian individual citizen who consider constitutionally detrimental by the enactment of Article 170 (1) the Criminal Code which stated, “Persons who with united forces openly commit violence against persons or property, shall be punished by a maximum imprisonment of five years and six months” (“Barang siapa dengan terang-terangan dan dengan tenaga bersama menggunakan kekerasan terhadap orang atau barang, diancam dengan pidana penjara paling lama lima tahun enam bulan”). The Applicant is recently named as suspect because of committing offense, which is moving the nameplate and building permit (Izin Mendirikan Bangunan –IMB) board of Copylas Indonesia Ltd. According to the Applicant, the company has committed land grabbing because it enter lands possessed by the Applicant as proxy of Porta Nigra Ltd.

Due to land grabbing, the Applicant reports Copylas Indonesia Ltd. However, he eventually determined as suspect. The Applicant claims that he has been treated discriminatively because Porta Nigra Ltd. Director who grants substitution authority to him only considered as witness by investigators. He considers the director also shall be named as suspect according to Article 170 (1) the Criminal Code.

In the petition, the Applicant also concerns the phrase ‘violence’ in Article 170 (1) the Criminal Code. He assesses the Article has no clear scope which could be misinterpreted and abused. Previously, the Court holds preliminary session on Case a quo on Wednesday (26/8). Until the end of court proceedings, the Applicant and his Attorney not present without any notification. (Lulu Anjarsari/Prasetyo Adi N)