Plenary hearing of the judicial review of the Telecommunications Law, Wednesday (6/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The judicial review hearing of Law No. 36 of 1999 on Telecommunications that had been scheduled by the Constitutional Court to take place on Wednesday (6/2/2019) to hear the expert for the Petitioner was finally postponed.

“[My apologies], Your Honors. The expert for the Petitioner cannot attend due to conflicting appointment. However, we have submitted a written statement through the Constitutional Court Registrar’s Office,” legal counsel Raynov Tumorang said to the panel of justices led by Chief Justice Anwar Usman.

“Very well. The panel has received it. So, would a written statement suffice?” Justice Anwar Usman asked, in the presence of the other constitutional justices. He then asked the Government on their preparedness to present their expert. “The President’s representative, if I’m not mistaken, [said] in the previous session that he would present an expert, right?” Justice Anwar asked. The Government confirmed that they would present an expert in the next session.

“Then, the session will resume on Thursday, February 14, 2019 at 11.00 WIB with the agenda to hear the statement from the Government’s expert, one person. Please submit the CV and written statement from the expert. It must be submitted by two days prior to the session,” he stressed.

The petition No. 94/PUU-XVI/2018 was registered by Sadikin Arifin. The Petitioner argued that his request that recorded conversations be presented before the hearing was not without basis. According to the Petitioner, the recorded evidence was crucial in proving whether or not there had been discussion on narcotics between the Petitioner and a foreign national (WNA), who were accused of carrying out a joint drug crime.  

According to the Petitioner, based on verification in the his criminal trial, there is at least the fact, among others, that a person accused along with him of committing a criminal offense of illicit narcotics distribution died from being shot by officers of the National Narcotics Agency (BNN) during an arrest, which then established the Petitioner as a single defendant in the North Jakarta District Court.  

In addition, the Petitioner\'s had given statements throughout the trial denying possession of the item and denying any communication with foreigner who had been shot by BNN officers or with anyone related to narcotics. 

He also denied the laboratory result of his urine sample that was said to show indication of narcotics or psychotropic drugs. During a search in his residence, no narcotics or related items were found. (Nano Tresna Arfana/LA/Yuniar Widiastuti)