Notary Public Adds Touchstones for Petition on Prosecutor’s Authority to File Judicial Review Petition

The petition revision hearing of the judicial review of Law No. 11 of 2021 on Prosecution, Wednesday (3/8/2023). Photo by MKRI/Ifa.

Wednesday, March 8, 2023 | 16:13 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held another judicial review hearing of Article 30C letter h of Law No. 11 of 2021 on the Amendment to Law No. 16 of 2004 on the Prosecution and its elucidation on Wednesday, March 8, 2023. The case No. 20/PUU-XXI/2023 was filed by Hartono, a notary public. The petition revision hearing was presided over by Constitutional Justices Manahan M. P. Sitompul (chair), Wahiduddin Adams, and Arief Hidayat.

The Petitioner’s legal counsel Singgih Tomi Gumilang said that the petition initially only used Article 28I paragraph (1) of the 1945 Constitution as touchstone, but now added Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution. On the subject matter, he added, the Petitioner also compared positive law regarding the jurisdiction of public prosecutors in other countries to file a judicial review petition.

“The petitum, which was initially in the provision and subject matter, is now only for the subject matter, where [the Petitioner] requests that the Court grant the petition in its entirety,” he said at the hearing in person.

Also read: Notary Public Questions Prosecutor’s Authority to File Judicial Review Petition 

The Petitioner challenges Article 30C letter h of the Prosecution Law. At the preliminary hearing on Thursday, February 23, 2023, through legal counsel Singgih Tomi Gumilang, the Petitioner revealed a concrete case where he had been convicted in a criminal case and declared guilty by the District Court of Gianyar, Bali and sentenced to two years of prison time. On November 15, 2019, the Petitioner appealed the verdict, after which the High Court of Denpasar exonerated him. This verdict was appealed by the public prosecutor to the Supreme Court on January 21, 2020. The judicial review verdict exonerated him.

“However, the public prosecutor filed another judicial review petition on December 26, 2022. The Petitioner felt his constitutional rights had been harmed due to the absence of legal certainty in this criminal case. The prosecutor’s action refers to Article 30C letter h of the Prosecution Law and its elucidation,” Singgih said. 

Author       : Sri Pujianti
Editor        :
Nur R.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/9/2023 10:11 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.

Wednesday, March 08, 2023 | 16:13 WIB 41