Justino Halomoan Sinaga conveying the petition’s revisions at a material judicial review hearing of the Criminal Procedure Code and the Advocate Law, Thursday (8/22/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another material judicial review hearing of Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) and Law No. 18 of 2003 on Advocates on Thursday, August 22, 2024. The hearing was to examine revisions to petition No. 98/PUU-XXII/2024 filed by Justino Halomoan Sinaga, an entrepreneur.

At the hearing, the Petitioner conveyed the revisions to the title and subject matter of the petition.

“I have revised, firstly, the title. The title is the judicial review petition of Law No. 48 of 2009 and Law No. 18 of 2003 against the 1945 Constitution,” he said.

Also read: Entrepreneur Questions Complex, Lengthy, Costly Judicial Process

At the preliminary hearing on Wednesday, August 7, the Petitioner revealed that he had followed the procedure set forth in the Criminal Procedure Code, but he faced injustice. Article 2 paragraph (4) of Law No. 48 of 2009 on the Judicial Authority stipulates that trials be simple, swift, and economical. However, the phrase “all obstacles” in said article has led to complicated, lengthy, and costly trials.

The phrase, the Petitioner asserted, has created new violations in the judicial process that are unfair and disadvantageous. He emphasized that the phrase “swiftly” in Article 2 paragraph (4) of the Judiciary Law does not have clear parameters, because his report filed in 2020 had not led to results. Similarly, the phrase “low cost” in the same article also lacks clear parameters, because in the implementation of the Criminal Procedure Code, many costs are incurred. “[I believe] the phrase “all obstacles” indicates structured, systematic, and massive arbitrariness of the positions and laws of official bodies and agencies (legal mafia),” he said.

To that end, he proposed the establishment of a law enforcement commission (KPH) and a legal defense council (DKH) to oversee and fight the legal mafia in the administration of justice. In addition, he requested that the phrase “all obstacles” in Article 4 paragraph (2) of the Judiciary Law be interpreted as “alleged crimes or intention,” which reflects uncertainty and legal vacuum. 

Author         : Utami Argawati
Editor          : N. Rosi
PR              : Fauzan Febriyan
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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