Suhandi Cahaya giving a statement as an expert for the Petitioner at the material judicial review hearing of Law No. 1 of 1946 on the Criminal Code (KUHP), Tuesday (11/29/2022). Photo by MKRI/Ifa.

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Tuesday, November 29, 2022 | 15:15 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Law No. 1 of 1946 on the Criminal Code (KUHP) for case No. 86/PUU-XX/2022 on Tuesday, November 29, 2022 in the plenary courtroom, presided over by Chief Justice Anwar Usman and the other seven constitutional justices.

At the session, the constitutional justices heard a statement by Suhandi Cahaya, a criminal law expert, for the Petitioner. Virtually, he said that the 18-year statute of limitation for homicide is unfair, because the perpetrators has not been tried until today while the investigation has been terminated.

“So, the [SP3 or investigation termination warrant] issued by the investigators or the Prosecution Office was upsetting for the Petitioner’s family. Where is the justice [in it]? The perpetrator seemingly has waited until the statute of limitation [expired] so that he could not be tried,” he said.

Therefore, Suhandi asserted, it would be best that the statute of limitation be extended to lifetime, considering Aristoteles’ principles of justice and the Constitutional Court’s considerations. It would be best, he added, if the Constitutional Court issues a ruling to abolish the statute of limitation or to extend it to lifetime for such a crime.

Also read:

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Abolition of Prosecution of Expired Cases Protects Perpetrators and Victims

The Petitioner, Robiyanto, an entrepreneur, challenges Article 78 paragraph (1) point 4 of the Criminal Code. His father, Taslim, died on April 14, 2002 after being brutally murdered at the Balai Malam Market, Karimun Village, Tebing Subdistrict, Karimun Regency, Riau Islands Province. He reported it to the Karimun Resort Police. Two people were sentenced to prison for 15 years for the crime, while five others were on the wanted list (DPO). However, the investigation of the two court-ruled suspects was terminated by the National Police on the expiry of the statute of limitation following Article 78 paragraph (1) point (4) of the Criminal Code.

Through legal counsel Jhon Asron Purba, the Petitioner asserted that the unfair statute of limitation could lead the perpetrators to be acquitted despite their serious, heinous, and barbaric crime that would warrant death sentence or life imprisonment. Purba added that the a quo article could also potentially harm the Petitioner’s constitutional right to recognition, guarantee, protection, fair legal certainty, and equal treatment before the law because of the statute of limitation for the perpetrators of crimes that warrant death penalty or life imprisonment only expires in 18 years. In addition, the Petitioner could potentially obtain no legal certainty of his father’s death relating to the five suspects that are still at large.

Based on these reasons, the Petitioner requested in his petitum that the Court grant the petition in its entirety and declare Article 78 paragraph (1) point 4 unconstitutional and conditionally not legally binding as long as it is not interpreted “in more than eighteen years and/or 36 years for all crimes upon which capital punishment or life imprisonment is imposed.”  

Writer        : Utami Argawati
Editor        : Nur R.
PR            : Andhini S. F.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/30/2022 11:43 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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