Chief Justice Anwar Usman opening a material judicial review hearing of Law No. 16 of 2004 on Prosecution, Wednesday (7/12/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another 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 Wednesday, July 12, 2023. The case No. 30/PUU-XXI/2023 was filed by Jovi Andrea Bachtiar, a prosecution analyst and prospective prosecutor at the Tojo Una-Una Prosecution Office, Central Sulawesi Province.

“However, the Court received a letter from the Petitioner’s legal counsel on the cancellation of the expert’s testimony, so today’s hearing is the last [examination] hearing. Next will be the submission of conclusion through the Registrar’s Office by Friday, July 21, 2023 at 10:00 WIB. Conclusions by litigants must be received by the Court by that time,” said Chief Justice Anwar Usman alongside the other eight constitutional justices at this eighth hearing.

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At the preliminary hearing, 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’s independence as a law enforcement institution.

The Petitioner alleges 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 hard 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.

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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