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Friday, May 28, 2021 | 13:48 WIB

Constitutional Justices Suhartoyo, Wahiduddin Adams, and Manahan M. P. Sitompul at the petition revision hearing of the judicial review of Law No. 8 of 2010 on Money Laundering, Friday (28/5/2021). Photo by Humas MK/Ifa.

JAKARTA, Public Relations—The Constitutional Court (MK) held the second judicial review hearing of Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering (TPPU) for case No. 15/PUU-XIX/2021 in the panel courtroom on Friday, May 28, 2021. The Petitioners are Ministry of Environment PPNS (civil service investigators) Cepi Arifiana and M. Dedy Hardinianto as well as Ministry of Marine Affairs and Fisheries PPNS Garribaldi Marandita and Mubarak.

Ichsan Zikry, one of the Petitioners’ attorneys, conveyed the revisions to the petition following the justices’ advice at the preliminary hearing. “We updated the Court’s authority, updated the Court’s procedural law, and added the petitum so that our petition can be granted in full,” he said before Constitutional Justices Suhartoyo (panel chair), Wahiduddin Adams, and Manahan M. P. Sitompul.

Ichsan added that his clients had studied the academic texts for the money laundering bill and the Petitioners’ PPNS appointment letters, added the quote of Article 74 of the Money Laundering Law before the elucidation of the a quo law, and affirmed the Petitioners’ legal standing. “We will also present the Petitioners’ superiors to testify in the case,” he said virtually.

Also read: Definition of Predicate Crime Investigators in Money Laundering Law Deemed Discriminatory

The Petitioners allege that the elucidation to Article 74 of the Money Laundering Law is against Article 24 paragraph (1), Article 27 paragraph (1), and Article 28D paragraph (1) of the 1945 Constitution. They believe it has limited the core investigators authorized to investigate money laundering crimes to only six agencies. They also think the norm also led to unequal treatment of parties authorized to investigate money laundering crimes and suspects of such crimes. The Petitioners, who are PPNS, received different treatment from the police, KPK, BNN, etc. when charged with money laundering crimes.

Therefore, in their petitum, the Petitioners requests that the elucidation to Article 74 of the Money Laundering Law along the sentence “In this Article, ‘investigator of the predicate crime’ shall be the officials from the institutions that under the Law are provided the authority to conduct investigation, namely the Indonesian National Police, Attorney Office, Corruption Eradication Commission (KPK), National Narcotics Agency (BNN), Directorate-General of Taxation, and Directorate-General of Customs of the Finance Ministry of the Republic of Indonesia” be declared unconstitutional and not legally binding insofar as not be interpreted “‘investigator of the predicate crime’ shall be the officials or the institutions that under the law are granted the authority to conduct investigation.”

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 5/28/2021 18:37 WIB

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

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