A petition revision hearing for the judicial review of the Prosecution Law, Tuesday (7/25/2023). Photo by Humas MK/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the second judicial review hearing of Article 30 paragraph (1) letter d of Law No. 16 of 2004 on the Prosecution on Tuesday, July 25, 2023 in the panel courtroom. The petitioners for the case No. 70/PUU-XXI/2023 are the Indonesian Anticorruption Community (MAKI); the Law Enforcement Monitoring Institute (LP3HI); and Arkaan Wahyu Re A—a law student of Universitas Sebelas Maret (UNS) of Surakarta. The hearing was presided over by Constitutional Justices Suhartoyo, Wahiduddin Adams, and Enny Nurbaningsih.

Legal counsel Dwi Nurdiansyah Santoso conveyed the revisions to the petition, which included Article 1 paragraph (3) as the touchstone and the elaboration of the background of the petition. “This includes the Prosecution’s authority in investigation of collusion and nepotism; corruption which also includes collusion and nepotism; and the differentiation between the functions of the prosecutors and the investigators,” he said virtually.

Also read: Expansion of Prosecutor’s Authority in Investigation of Collusion and Nepotism

At the preliminary hearing on Tuesday, July 11, the Petitioners argued that they had been aggrieved by the provisions that limit prosecutors only to corruption cases. They believe prosecutors should also be authorized to investigate collusion and nepotism in order to realize a clean and authoritative government that is free from corruption, collusion, and nepotism as mandated by Law No. 28 of 1999 on Clean State Administration Free from Corruption, Collusion, and Nepotism. Therefore, they request that the Court declare Article 30 paragraph (1) letter d of the Prosecution Law unconstitutional and not legally binding insofar as not interpreted as “The Prosecution Office shall have the duty and authority to conduct investigation into cases of corruption, collusion, and nepotism.”

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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