Marion, the Petitioner, after the material judicial review hearing of Law No. 31 of 1999 on the Eradication of the Criminal Acts of Corruption, Monday (7/24/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Article 21 of Law No. 31 of 1999 on the Eradication of the Criminal Acts of Corruption on Monday, July 24, 2023. The case No. 64/PUU-XXI/2023 was filed by Marion, an advocate. This second hearing was presided over by Constitutional Justices Arief Hidayat, Manahan M. P. Sitompul, and Daniel Yusmic P. Foekh.

In the plenary courtroom, the Petitioner said he had strengthened the background of the petition with Article 5 paragraphs (1) and (2) of Law No. 18 of 2018 on Advocates and Article 28D paragraph (1) and Article 28I paragraphs (1), (2), (4), and (5) of the 1945 Constitution as touchstones. He also said he had revised the petitum, as requested by the justices.

“The petitum has changed totally into ‘declares Article 21 of Law No. 31 of 1999 on the Eradication of the Criminal Acts of Corruption not legally binding, especially to advocates as law enforcers equal to other law enforcers in Indonesia; declares advocates an honorable profession that in performing the profession is under the protection of law and human rights…,” he said.

Also read: Advocate Challenges Provisions on Obstruction of Justice

At the preliminary hearing on Wednesday, July 5, the Petitioner said Article 21 of the Anti-Corruption Law had harmed his constitutional rights as an individual Indonesian citizen and an advocate with a firm as well as the constitutional rights of Stefanus Roy Rening, an advocate, who has been named a suspect of obstruction of justice as referred to in Article 21 of the Anti-Corruption Law, thus the implementation of the article was not in line with Article 16 in conjunction with Article 31 of Law No. 18 of 2003 on Advocates. He also said the KPK (Corruption Eradication Commission) investigators who named the aforementioned advocate a suspect of obstruction of justice had committed violation of human rights, more specifically of the advocate’s rights, which is against Article 28D paragraph (1) of the 1945 Constitution, which is the legal foundation for advocates in Indonesia.

He also explained that what the KPK investigators did to Stefanus Roy Rening was unprofessional and an inappropriate implementation of Article 21 of the Anti-Corruption Law, given that Stefanus is an advocate who has met requirements as set by law. He argued that advocates also have legal standing in law enforcement as law enforcement apparatuses equal to KPK investigators and other law enforcement apparatuses such as police investigators, public prosecutors, and judges. Therefore, in the petitum, he requested that the Court declare Article 21 of the Anti-Corruption Law unconstitutional and not legally binding.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : M. Halim
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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