Applicant’s Attorney Syamsudin Hamid explained petition revision in judicial review session of Electronic Information and Transactions Act, on Tuesday (8/3) in Plenary Room, the Constitutional Court Building. Photo PR/Ifa

Former House speaker Setya Novanto revises petition concerning Act No 11 Year 2008 of Electronic Information and Transactions (UU ITE) and Act No 20 Year 2001 of Amendment on Act No 31 Year 1999 of Corruption Eradication (UU Tipikor). In the session of Case No 20/PUU-XIV/2016, Applicant’s Attorney Syamsudin Hamid said his client had revised petition as advised by Justice Panel. The Applicant had revised his legal standing as citizen who served as House member.

“Referring to Constitutional Court Verdict No 20/PUU-V/2007 and No 23-26/PUU-VIII/2010, it can be concluded that as long as Applicant not concerns on Applicant’s constitutional loss as House member, as regulated in Article 11 (2) and Article 20A (1) the 1945 Constitution, Applicant has legal standing to file judicial review,” said Syamsudin in front of Justice Panel led by Chief Justice Arief Hidayat.

The Applicant assessed Article 5 (1) and (2), Article 44 letter b Act of Electronic Information and Transactions, and Article 26A Act of Corruption Eradication had harmed his constitutional rights. He argued the Articles didn’t explicitly regulate on valid evidence and authorized party who entitled to conduct wiretaps/recording. He explained that he had been summoned for testimony by prosecutors in ‘evil agreement’ (pemufakatan jahat) allegation case in PT.Freeport divestment extension.

The Applicant assessed the lack of regulation could result on authority abuse allegation which based only on illegal audio recording, in which the recording wasn’t conducted by authorized party, in this case is PT. Freeport president Ma’roef Sjamsudin.

As known, the Attorney General Office has attached audio recording of Applicant-Ma’roef Sjamsudin-Muhammad Riza Khalid conversation that goes viral. Based on the recording, the Applicant was suspected of evil agreement and corruption attempt in PT. Freeport divestment extension. Ma’roef Sjamsudin admits that he records the recording without knowledge and consent of other parties and he then reports the recording to Energy and Mineral Resources Ministry Sudirman Said.

The Applicant assessed the recording was done without legal interest and by non-law enforcer, therefore the use of the recording as investigation basis wasn’t in accordance with Article 1 (3), Article 28D (1) and (2), and Article 28G (1) the 1945 Constitution. (Lulu Anjarsari/lul/Prasetyo Adi N)