Petitioner Jack Lourens Vallentino Kastanya in the judicial review hearing of the Public Prosecution Law, Monday (15/6) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.
JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the material review of Law No. 16 of 2014 on Public Prosecution Service was held by the Constitutional Court (MK) on Monday (15/6/2020). The justice panel consisted of Constitutional Justices Enny Nurbaningsih (chairman), Manahan M. P. Sitompul, and Konstitusi Daniel Yusmic P. Foekh. Amidst the COVID-19 pandemic, the hearing was held in compliance with health protocols set by the Health Ministry and the WHO, such as by wearing a mask, gloves, checking temperatures, and applying physical distancing.
Petitioner Jack Lourens Vallentino Kastanya conveyed the revision to the petition, such as the change of article to review, which was initially Article 13 paragraph (1) letter a of the Public Prosecution Law, to Article 14 paragraph (1).
"The law and regulations of the Constitutional Court do not prohibit the Petitioner from making changes or additions to the article to be review. After careful observation, the Petitioner [believes] it is more appropriate to apply Article 14 paragraph (1) of Law No. 16 of 2004 related to the Petitioner’s loss. In addition, the change to the article to review [was made] after hearing the panel of justices’ advice regarding the substance and implications of the petition," said Jack.
In addition, in the petition revision, the Petitioner reiterated his argument related to the substance of the petition. According to him, he should not have been dismissed as a civil servant (PNS), but only dismissed as a Functional Prosecutor due to his involvement in bribery.
Also read: Dishonorably Discharged, Petitioner Challenges Public Prosecution Law
In the preliminary hearing on Wednesday (13/5/2020), the Petitioner of case 28/PUU-XVIII/2020 challenged Article 13 paragraph (1) letter a of Law No. 16 of 2014 that reads, “A prosecutor may be dishonorably discharged from their position for the reason: a. having been sentenced for a crime, based on a court decision that has obtained permanent legal force….”
The Petitioner was a civil servant (PNS) and a functional prosecutor at the North Maluku High Prosecution Office who was dismissed based on the Attorney General Decree No. KEP-003/A/JA/01/2013 dated January 14, 2013 on the Dishonorable Discharge of a Civil Servant. He received grave disciplinary punishments: discharge from a structural office, criminal charge, and prison sentence of 1 year, dishonorable discharge from a public prosecutor position.
"The provision of Article 13 paragraph (1) letter a of Law No. 16/2004, which was used as the basis for issuing the a quo Attorney General Decree doesn’t provide guarantee, protection, and fair legal certainty for the Petitioner because it doesn’t consider disciplinary sentences that have previously been imposed," the Petitioner explained.
The Petitioner argued that he has suffered damage, losing job as a prosecutor and a civil servant, thus affecting his livelihood and that of his wife and children. In addition, the Petitioner didn’t receive a fair legal certainty and equal treatment before the law, considering that for a single case he had to undergo two legal proceedings and received two types of legal sanctions. Therefore, if his petition is granted, the constitutional damage as he argued will no longer occur.
According to the Petitioner, the dishonorable discharge as a prosecutor due to criminal sentencing as stipulated in Article 13 paragraph (1) letter a of Law No.16 of 2004 is contrary to Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution. The enactment of Article 13 paragraph (1) letter a of Law No.16 of 2004 was used as the basis for issuing the Attorney General Decree No. KEP-003/A/JA/01/2013 dated January 14, 2013 on the Dishonorable Discharge of a Civil Servant Jack Lourens Vallentino Kastanya as a Functional Prosecutor of the North Maluku High Prosecution Office. (Nano Tresna Arfana/ASF/NRA)
Translated by: Yuniar Widiastuti
Translation uploaded on 06/16/2020
Monday, June 15, 2020 | 15:15 WIB 218