---

Applicant’s Attorney Ihsan Zikri attends revision session on Act of the Criminal Procedure Code (KUHAP), on Wednesday (25/11) at Plenary Room, the Constitutional Court Buidling. Photo PR/Ganie

 

 

 

Applicants of Case Number 130/PUU-XIII/2015 have revised petition by completing signature on authorization letter, clarifying legal standing, and elaborating casualties between constitutional loss and constitutional rights violation, Applicant’s Attorney Ihsan Zikri said in revision session on Wednesday (25/11), at Plenary Room, the Constitutional Court Building.  

“We also have revised petition regarding constitutional rights violation, constitutional loss, and its causal verband (casualties),” said Zikri.

As stated in petition points, the Applicants request case file handover from investigators to general prosecutors only conducted once. “Considering the general prosecutors have been involved since initial investigation, case file handover will be effective and less complicated than before,” Zikri explained to Justice Panel led by Constitutional Justice Aswanto.

Regarding the reason of case file transfer determination by general prosecutors within 20 days as stated in Article 139 the Criminal Procedure Code (KUHAP), the Applicants consider on regulations related to common crime procedure. “The regulations have provided certain time limit on case file transfer. On that consideration, we still request time limit,” said Zikri.

As known, activists Choky Risda Ramadhan, Usman Hamid, et al reviewed pre-prosecution provisions as regulated in the Criminal Procedure Code. They argued Article 14 letter h, Article 14 letter I, Article 109 (1), Article 138 (1), Article 138 (2), and Article 139 the Criminal Code Procedure have caused legal uncertainty, because pre-prosecution seems to be excluded in integrated criminal justice system. Moreover, the Applicants assessed the provisions caused general prosecutors less involved in initial investigation.

The Applicants further assessed Article 109 (1) and (2) the Criminal Procedure Code has two main problems; the lack of confirmation that investigation commencement notice (surat pemberitahuan dimulainya penyelidikan –SPDP) is an obligation and the lack of certainty on when investigators shall notify general prosecutors after investigation done.

The Applicants argued the phrase ‘within seven days’ and ‘within 14 days’ contained uncertainty because it didn’t provide on how many times the mechanism referred in Article 138 (1) and Article 138 (2) the Code could be done.

“The formulation of Article 138 (1) and (2) results in a situation which case file transfer submitted back and forth by investigators to general prosecutors. The practice of indefinite case file transfer will violate citizen’s legal certainty and it is contrary to Article 28D the 1945 Constitution,” said the Applicants on preliminary session. (Lulu Hanifah/Prasetyo Adi N) 

---