Chief Justice Suhartoyo reading out the Court’s verdict at the ruling hearing of the judicial review of Law No. 1 of 1946 on the Criminal Code, Tuesday (2/13/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) handed down a decree for the judicial review of Law No. 1 of 1946 on the Criminal Code (KUHP) at a ruling hearing for petition No. 1/PUU-XXII/2024 on Tuesday, February 13, 2024 in the plenary courtroom.

At the ruling hearing, Chief Justice Suhartoyo stated that the Court had received the petition by Abdul Hakim, an advocate, dated December 4, 2023 based on a special power of attorney dated November 27, 2023, which granted power of attorney to Deddy Rizaldy Arwin Gommo and colleagues. The Registrar’s Office received the petition on December 4, 2023 based on petition filing certificate No. 168/PUU/PAN.MK/AP3/12/2023 and recorded it in the electronic constitutional case registration book (e-BPRK) on January 3, 2024.

Following Article 34 of the Constitutional Court Law, the chief justice added, the Court had held a preliminary examination hearing on January 17. Moreover, pursuant to Article 39 of the Constitutional Court Law and Article 41 paragraph (3) of the Constitutional Court Regulation (PMK) No. 2 of 2021 on the procedural law for judicial review in the Constitutional Court, the panel of justices had advised the Petitioner to revise the petition. Then, on January 30, the Court had organized a petition revision hearing for the case.

However, on January 31, the Court received an email from the Petitioner, dated the same day, relating to the retraction of the petition, which cited substantial mistakes in the petitum as the reason. Then, on Friday, February 2, the Court held a hearing to confirm the petition’s retraction, which the Petitioner confirmed.

On February 5, in the justice deliberation meeting (RPH), the justices concluded that the petition’s retraction was legally justified. As such, the Petitioner cannot re-file that same petition. The Court also ordered the chief registrar to record the retraction in the electronic constitutional case registration book (e-BRPK) and to return the copy of the petition to the Petitioner.

“[The Court] stipulates, grants the retraction of the Petitioner’s petition; declares petition No. 1/PUU-XXII/2024 on the judicial review of Article 340 of Law No. 1 of 1946 on the Criminal Code (KUHP) against the 1945 Constitution retracted; declares the Petitioner unable to re-file the a quo petition,” said Chief Justice Suhartoyo delivering the Decree No. 1/PUU-XXII/2024 alongside the other eight constitutional justices.

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Advocate Retracts Petition on Motive in Criminal Code

Abdul Hakim, an advocate, challenges the word “motive” in Article 340 of the Criminal Code (KUHP), which reads, “Any person who with deliberate intent and with premeditation takes the life of another person, shall, being guilty of murder, be punished by capital punishment of life imprisonment or a maximum imprisonment of twenty years.”

At the preliminary hearing for case No. 1/PUU-XXII/2024 on Wednesday, January 17, legal counsel Nathan Christy Noah explained that as an advocate, the Petitioner often provides legal assistance in manslaughter or murder. “In the legal assistance process, the Petitioner feels there is no clear, complete, and comprehensive interpretation of the determination of ‘motive’ in murder as included in Article 340 of the KUHP,” he said.

The Petitioner stressed that motive was an important aspect in court ruling. This means that it can affect the severity of the sentence. He also argued that it would be unfair that a manslaughter done in self-defense is given the same sentence as a murder done for revenge on the ground that they are the same offense, despite the difference motives.

In the petitum, the Petitioner requested that the Court declare Article 340 of the Criminal Code unconstitutional and not legally binding if not interpreted as “Any person who with deliberate intent and with premeditation takes the life of another person, shall, being guilty of murder, be punished by capital punishment of life imprisonment or a maximum imprisonment of twenty years.” 

Author       : Utami Argawati
Editor        : Nur R.
PR            : Raisa Ayuditha Marsaulina
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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