Chief Constitutional Justice Anwar Usman reading out Decree Number 60/PUU-XVII/2019 on the judicial review of Law No. 8 of 1981 on the Criminal Procedural Code (KUHAP). Photo by Humas MK/Hermanto.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) granted the withdrawal of the judicial review petition of Law No. 8 of 1981 on the Criminal Procedural Code (KUHAP). The Constitutional Court Decree was read out by plenary chairman Chief Constitutional Justice Anwar Usman along with other constitutional justices on Thursday (28/11/2019).

The Constitutional Court received the petition on October 4, 2019 from Andrias Lutfi Susiyanto and Evan Waluyo Rostanadji based on a power of attorney dated October 2, 2019 authorizing Muhammad Isrok, Eko Budhi Prasetyo, Yassiro Ardhana Rahman, M. Hasta Angga Citalada, Y. B. Christian Putro Soewandi, Hera Pratita Madyasti, Tinuk Dwi Cahyani, and Vannia Nur Isyori at the Law and Intellectual Property Office of M. Isrok & Partners at Joyo Grand Complex Block E1/19, Merjosari Sub-District, Lowokwaru Regency, Malang City recorded in constitutional case registration book (BRPK) as No. 60/PUU-XVII/2019, dated October 10, 2019, concerning the petition for constitutionality review of Article 109 paragraphs (1), (2), and (3) of Law Number 8 of 1981 concerning the Criminal Procedural Code (KUHAP).

The Constitutional Court issued Decree of the Chief Justice of the Constitutional Court No. 172/TAP.MK/2019 concerning the Establishment of a panel of justices to Examine Case No. 60/PUU-XVII/2019, dated October 10, 2019 and Number 174/TAP.MK/2019 concerning the Determination of the First Session, dated October 10, 2019.

The Constitutional Court held a preliminary hearing on October 28, 2019 to listen to the petition of the Petitioners and in accordance with the provision of Article 39 of Law Number 24 of 2003 concerning the Constitutional Court as amended by Law Number 8 of 2011 concerning Amendment to Law Number 24 of 2003 concerning the Constitutional Court, the panel of justices gave advice to the Petitioners to complete and/or revise their petition.

On November 11, 2019 at 13:23 WIB the Court received a letter dated 11 November 2019 from the Petitioners requesting the revocation of case No. 60/PUU-XVII/2019. On the same day at 14.30 WIB the Court conducted a preliminary hearing to review the revised petition and confirm the revocation of said petition, where the Petitioners\' attorneys confirmed the withdrawal of said petition.

Article 35 paragraphs (1) and (2) of the Constitutional Court Law reads, “The Petitioner may withdraw his/her petition before or during the examination thereof by the Constitutional Court” and “Withdrawal of a petition as referred to in paragraph (1) means that the petition may not be filed again.” Based on the consideration in letter e regarding the revocation or withdrawal of the petition, the Justice Deliberation Meeting on November 12, 2019 determined the request for revocation or withdrawal of the petition No. 60/PUU-XVII/2019 legally grounded and therefore the Petitioners cannot file the a quo petition again. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti