Jovi Andrea Bachtiar explaining the subject matter at the preliminary hearing of the material judicial review of Law No. 16 of 2004 on Prosecution, Tuesday (4/4/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a material judicial review hearing of Article 1 point 3, Article 19 paragraph (2), Article 20, and Article 21 of Law No. 16 of 2004 on the Prosecution on Tuesday, April 4, 2023. The case No. 30/PUU-XXI/2023 was filed by Jovi Andrea Bachtiar, a prosecution analyst/prospective prosecutor at the Tojo Una-Una Prosecution Office, Central Sulawesi Province.

Through counsel Welly Anggara, the Petitioner requested that the Court provide a constitutional interpretation to revise the definition of public prosecutor in Article 1 point 3 of the Prosecution Law to also include the Attorney General aside from civil servant (PNS) prosecutors as the Attorney General is a retired prosecutor who is no longer a civil servant. Therefore, the a quo norm would not be in violation of Article 18 paragraph (1) of the Prosecution Law. He also requested that the Court provide interpretation of the appointment of the Attorney General that is without a fit and proper test by the House of Representatives (DPR), which is a form of checks and balances. This, he asserted, could jeopardize the Attorney General’s Office as a law enforcement institution.

He also alleged that Article 20 of the Prosecution Law had allowed anyone who had not had any experience as a prosecutor to become an Attorney General. He revealed that he had worked very heard to build a career as a prosecution analyst for 1-2 years and participated in prosecutor education and training (PPPJ) for months so that he could become a prosecutor. He argued that the norm was in violation of Article 27 paragraph (1), Article 28D paragraph (1), and Article 28H paragraph (2) of the 1945 Constitution.

“Without participating in PPPJ, in order to transform from a prosecution analyst to a prospective prosecutor, the Petitioner had to pass the training by the Prosecution Office’s training center. There is the possibility of failing if the leadership declared [the Petitioner] unfit to pass and be inaugurated,” he said before Constitutional Justices Suhartoyo (panel chair), Wahiduddin Adams, and Enny Nurbaningsih.

Therefore, in the petitum, the Petitioner requests that the Court declare the Petitioner having the legal standing to file a judicial review petition of Article 1 point 3, Article 19 paragraph (2), Article 20, and Article 21 of the Prosecution Law.

Justices’ Advice

Constitutional Justice Wahiduddin said the Petitioner’s constitutional impairment, the causality between the enactment of the norm and the Petitioner’s potential loss had not been detailed in the petition. He also observed that there were unusual things in the petition that did not fit the standard format.

Next, Constitutional Justice Enny requested that the Court’s authority be elaborated through the 1945 Constitution, the Judicial Law, and the Constitutional Court Law, so that it would be clear that it had the authority to rule on the case. She added that the Petitioner’s constitutional rights had not been explained. “Show whether there was factual or constitutional impairment. It is not necessary [to explain that the Petitioner] is a taxpayer, since [the case] is not related to taxation laws,” she said.

Meanwhile, Constitutional Justice Suhartoyo said the petition needed substantive and succinct arguments. He also advised that the Petitioner’s legal standing be strengthened by explaining potential impairment, since the Petitioner has not met the requirements for a prosecutor anytime soon. “Explain the difference between leadership by a career and a non-career Attorney General,” he said.

At the end of the session, Justice Suhartoyo stated that the Court gave the Petitioner 14 days to revise the petition. The revised petition must be submitted by Monday, April 17 at 13:00 WIB to the Registrar’s Office.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

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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