The Petitioner’s legal counsel, Fransiska, at the petition revision hearing for case No. 4/PUU-XX/2022 on the judicial review of the Criminal Procedure Code, Monday (2/7/2022). Photo by Humas MK/Teguh.

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Monday, February 7, 2022 | 16:47 WIB

JAKARTA, Public Relations— Anita Natalia Manafe had decided not to revise the judicial review petition of Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP), said legal counsel Fransiska before the panel chaired by Constitutional Justice Suhartoyo at a hearing held by the Constitutional Court (MK) for case No. 4/PUU-XX/2022 on Monday afternoon, February 7, 2022.

She went on to convey the petitum. “Hopefully, if the petition is granted, it can return the Petitioner’s constitutional rights following the Constitution. The Petitioner requests that the Court grant the petitum and declare Article 5 paragraph (1) letter a of Law No. 8 of 1981 unconstitutional,” she said.

Also read: Advocate Questions Termination of Investigation in Criminal Procedure Code 

Advocate Anita Natalia Manafe filed the petition as an individual citizen. She argued that her constitutional rights had been harmed by the a quo law in relation to termination of investigation, which was said to not be a crime. As such, the Petitioner could not obtain legal certainty because termination of investigation is not the authority of investigators.

She argued that termination of investigation is not within the investigators’ authorities referred to in Article 5 of the KUHAP, so it could be used by the police to violate formal law by terminating investigations. 

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

Translation uploaded on 2/8/2022 10:02 WIB

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

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