Mohammad Riyadi Setyarto (Petitioner) after a judicial review hearing of Law No. 1 of 1946 on the Criminal Code, Monday (3/4/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 1 of 1946 on the Criminal Code (KUHP) on Monday, March 3, 2024 to hear the petition revisions. The case No. 20/PUU-XXII/2024 was filed by Mohammad Riyadi Setyarto, an entrepreneur. He challenges Article 79 of the Criminal Code, which reads, “The statute of limitation commences on the next day after the day on which that act has been committed, except in the following cases.”

The on-site hearing was chaired by Constitutional Justice Ridwan Mansyur. The Petitioner, who was present without legal counsel, stated that he had submitted both hardcopy and softcopy of the revised petition.

“The softcopy (was submitted) at 10 o’clock and the hardcopy at 1 o’clock,” he said.

He also said that he had submitted evidence P1 through P6. He conveyed the revisions to the petition.

“I have revised the elaboration of the Court’s authority, the Petitioner’s legal standing, and the background of the petition,” he said.

In his petitum, the Petitioner requests that the Court declare the Article 79 of the Criminal Code conditionally unconstitutional and not legally binding if not interpreted as “The statute of limitation of the prosecution of a person who allegedly committed an offense commences on the next day after the day on which that person is declared a suspect of the criminal offense or after the person is discovered by the victim or any aggrieved party, except in the following.”

Also read: Term of Lapse of Time in Criminal Code Challenged

At the preliminary hearing on Tuesday, February 20, the Petitioner, who was present without legal counsel, said that his deceased father ADm’s valuable documents had been stolen by Dd Sghrt and Hndr Spry in February 1999. His father was ill at that time, thus was not aware of the theft.

He revealed that the stolen documents are financial documents worth millions of pounds. The crime was discovered after an oversea bank informed him that the documents had been cashed out gradually by other parties since 2002.

He then reported it to the police of Madiun Regency around 2019-2020 but it was rejected because the crime had occurred in 1999, while the Criminal Code regulates a statute of limitation for the crime. 

Author       : Utami Argawati
Editor        : Nur R.
PR            : Fauzan F.
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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