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Petitioner Jack Lourens Vallentino Kastanya in the ruling hearing of the judicial review of Law No. 16 of 2014 on Public Prosecution Service, Wednesday (22/7) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The material review petition of Law No. 16 of 2014 on Public Prosecution Service filed by Jack Lourens Vallentino Kastanya was dismissed by the Constitutional Court. The Court was of the opinion that Article 14 paragraph (1) of the law was constitutional and that the Petitioner could not elaborate on the petitum clearly, making the petition obscure. Chief Justice Anwar Usman pronounced the ruling in the plenary hearing of Decision No. 28/PUU-XVIII/2020 on Wednesday, July 22, 2020 in the Plenary Courtroom, which was held in compliance with COVID-19 health protocols.

The Court stated that the Petitioner could not elaborate his request clearly. In the petitum, he only requested that Article 14 paragraph (1) of the Public Prosecution Law be declared unconstitutional insofar as the phrase “automatically dismissed as a civil servant” does not specify the object of dismissal. The Court’s legal opinion, read out by Constitutional Justice Enny Nurbaningsih, states that should the interpretation follow the Petitioner’s request, the article would be obscure. It also states that the Petitioner’s posita and petitum are inconsistent. The Court believes that the Petitioner had committed an act of corruption while he should have shown exemplary attitude in his profession, not only ethically but legally. 

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Petitioner of case 28/PUU-XVIII/2020 Jack Lourens Vallentino Kastanya challenged Article 14 paragraph (1) letter a of Law No. 16 of 2014 that reads, “A prosecutor who is dishonorably discharged from their position is automatically dismissed as a civil servant.”

The Petitioner was a civil servant (PNS) and a functional prosecutor at the North Maluku High Prosecution Office who was dismissed with the Attorney General Decree No. KEP-003/A/JA/01/2013 dated January 14, 2013. He argued that he had lost his job as a prosecutor and a civil servant, and potentially could not find jobs in other fields.

Before the Attorney General Decree was issued, the Petitioner had received a grave disciplinary punishment following the Deputy Attorney General Decree No. KEP-189/B/WJA/10/2011 dated October 25, 2011 regarding dismissal from 5 structural positions because of the report that he had received a 10-million rupiah bribe from Leonard Phunizar. He was then declared a suspect in the bribery case with Investigation Order Letter No. PRINT-02/H.2/Hkt.3/10/2011 dated October 31, 2011 and was sentenced to 1 year in prison following the Decision of the Ternate District Court No. 04/Pid.Tipikor/2012/PN.Tte.

Writer: Nano Tresna Arfana
Editor: Nur R.
PR: Andhini S. F.
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 7/23/2020 16:16 WIB

Disclaimer: The original version of the news is in Indonesian. In case where any differences occur between the English and the Indonesian version, the Indonesian version will prevail.

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