Legal counsel I Made Subagio withdrawing the Petitioner’s material judicial review petition of the Anti-Bribery Law, Tuesday (7/2/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing for the material judicial review of Article 2 of Law No. 11 of 1980 on the Criminal Act of Bribery on the Financial/Administrative Rights of Leaders and Members of Highest/High State Institutions and Former Members of High State Institutions and Former Leaders of Highest/High State Institutions and Former Members of High State Institutions on Tuesday, July 2, 2024 in one of the Court’s panel courtrooms. The hearing for case No. 44/PUU-XXII/2024, filed by Vigit Waluyo, was presided over by Constitutional Justices M. Guntur Hamzah, Daniel Yusmic P. Foekh, and Asrul Sani.

At the hearing, Constitutional Justice M. Guntur Hamzah revealed that it should have been a preliminary hearing, but the Court had received a letter explaining that the Petitioner would like to withdraw the petition. “Therefore, I would like to ask for clarification. Please read out the letter,” he said.

Legal counsel I Made Subagio revealed that he had been asked by the Petitioner to withdraw the petition. “We [requested the withdrawal] on June 14, 2024 [with a letter] on the withdrawal of the judicial review petition of Article 2 of Law No. 11 of 1980 on the Criminal Act of Bribery on the Financial/Administrative Rights of Leaders and Members of the Highest/High State Institutions and Former Members of High State Institutions and Former Leaders of the Highest/High State Institutions and Former Members of the High State Institutions,” he explained.

He stressed that the Petitioner had been found guilty and served a four-year prison sentence based on a decision that had permanent legal force. He added that the Petitioner would like to withdraw the petition.

As chair of the panel, Justice Guntur said the panel would report this confirmation at the justice deliberation meeting (RPH).

In his petition, the Petitioner explained that the petition was driven by a concrete case relating to the police report No. LP/A/15/IX/2023/SPKT.DITTIPIDSIBER/BARESKRIM POLRI dated September 5, 2023 on a legal incident taking place on November 5 and 6, 2018 in Sleman Regency, for which the Petitioner had an alibi. On October 9, 2023, the Petitioner was named as suspect following the Decree No. S.Tap/171/X/RES.1.24/2023/Dittipidsiber.

The Petitioner had been arrested by investigators since December 2023. He was made a suspect, was charged with a crime, was prosecuted, and was sentenced by the Sleman District Court based on Article 2 of Law No. 11 of 1980, an arrest warrant, and an extension of detention.

The Petitioner is an Indonesian citizen and a private employee who has not been “a leader and member of any highest/high state institution and former member of high state institution and former leader of any highest/high state institution and former member of a high state institutions.”

He also has not had any profession that has a professional code of ethics, has not been a shareholder of any company and/or manager of any limited liability company, nor has he been a staff of PT PS Sleman or any institution that has a professional code of ethics related to any “criminal act of bribery on the financial/administrative rights of leaders and members of highest/high state institutions and former members of high state institutions and former leaders of highest/high state institutions and former members of high state institutions.”

The Petitioner asked that the Court interpret Law No. 11 of 1980 and make a distinction to provide fair legal certainty for him.

Author            : Utami Argawati
Editor             : N. Rosi
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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