Petitioner Kivlan Zen in the revision hearing of the judicial review of the Firearm Law, Monday (15/6) in the Courtroom of the Constitutional Court. Photo by Humas MK/Gani. 

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) continued the judicial review hearing of Law No. 12 of 1951 on the Amendment to Ordonnantietijdelijke Bijzondere Strafbepalingen (Stbl. 1948 No.17) and Law No. 8 of 1948 (Emergency Law No. 12 of 1951) on Firearms on Monday (15/6/2020) in the Plenary Courtroom of the Constitutional Court. In the hearing for case No. 27/PUU-XVIII/2020, the Court applied physical distancing in accordance with the health protocols regulated by the Indonesian Health Ministry and the World Health Organization (WHO).

Indonesian Army retiree Kivlan Zen had previously argued that Article 1 paragraph (1) of the Firearm Law was contrary to Article 1 paragraph (3), Article 27 paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution. In this second hearing, attorney Tonin Tachta Singarimbun conveyed revision points to the petition, especially regarding the Petitioner’s legal standing.

As an Indonesian citizen and army retiree, the Petitioner was given constitutional rights by the 1945 Constitution. Since 1971 to 2001, he had served for the Indonesian army. However, the fact that the investigation report (BAP) regarding his arrest on May 26, 2019 had been publicized means that his constitutional rights were violated.

"As a rule of law, the formulation of norms must be based on state interests. Therefore, the government must respect the meaning of the a quo norm and not easily disclose the Petitioner’s [status] as a suspect and defendant. Therefore, by carrying [disclosing it], [the Petitioner’s rights have been violated]," Singarimbun explained before the hearing led by Constitutional Justice Arief Hidayat, along with Constitutional Justices Suhartoyo and Enny Nurbaningsih. 

In the previous hearing, the Petitioner detailed a concrete case in which he had been arrested on May 29, 2019 on suspicion of illegal possession of firearms and bullets. In the subsequent legal process, the Petitioner was charged of committing or participating in a criminal act and of being an accomplice in a crime and sentenced in case No. 1113/Pid.Sus/2019/PN Jkt.Pst on March 3, 2020. The article of the Firearm Law has led to legal uncertainty to the Petitioner and violated his constitutional rights because in the elucidation there is no explanation, jurisprudence, or derivative regarding the authority of investigators and public prosecutors to carry out a case investigation or before interlocutory injunction to the Petitioner’s exception was ruled. The Petitioner believes that the Firearm Law is an emergency law relating to a state of emergency and that the government needs to make amendments to it.

The Petitioner believes that the norm does not reflect the rule of law as stated in Article 1 paragraph (3) of the 1945 Constitution because the phrases contained in the Firearm Law are complex and multi-interpretive while norms of law should be easy to understand and use appropriate grammar. He also believes that the article contradicts Article 28I paragraph (2), especially relating to the discriminatory treatment experienced by the Petitioner in the verdicts on several cases related to possession of illegal firearms and bullets imposed on him. He encountered this discrimination when one of the defendants who possessed a firearm was acquitted, while he, who denied the charge, was indicted.

To help curb the spread of COVID-19, the Constitutional Court offers the petitioners and their attorney(s), the government, experts, witnesses, and other parties to come to the courtroom or to hold the hearing online. The Constitutional Court uses Zoom and Cloudx to enable litigating parties to follow the court hearing from their respective locations. When filing a petition for an online hearing, they must inform the Court’s ITC team of their communication devices at least two days prior. (Sri Pujianti/AL/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 06/16/2020