MK: “THE PROSECUTOR’S AUTHORITY TO APPLY FOR REVIEW IS UNCONSTITUTIONAL”
Additional prosecutor’s authority to submit a Judicial Review (PK) as regulated in Article 30C letter h and Elucidation to Article 30C letter h of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor’s Office of the Republic of Indonesia (“Prosecutor’s Law”) contrary to the 1945 Constitution in accordance with the Decision of the Panel of Constitutional Judges in Decision Number 20/PUU-XXI/2023. The Constitutional Court, in its legal consideration of Case Number 33/PUU-XIV/2016, emphasized that the norm of Article 263 paragraph (1) of the Criminal Procedure Code is a constitutional norm as long as it is not interpreted otherwise than that PK can only be submitted by the convict or his heirs and may not be submitted to the decision of acquittal and release. from all legal claims.
The Court also considered that Article 30C letter h and the Explanation to Article 30C letter h of Law 11/2021 were new articles inserted between Article 30 and Article 31 in Law 16/2004, namely in number 27 in CHAPTER III concerning the Duties and Authorities of the Prosecutor’s Office. Previously, Law 16/2004 did not regulate the authority of prosecutors to carry out PK. According to the Constitutional Court, the insertion of Article 30C letter h and its explanation in the Prosecutor’s Law means that it has increased the authority of the prosecutor’s office, in casu the authority to submit a PK without being accompanied by a clear explanation of the substance of the granting of this authority.
—> Constitution Court Decision No. 20/PUU-XXI/2023 dated 14 April 2023.
Source: https://www.mkri.id/public/content/persidangan/putusan/putusan_mkri_8977_1681462657.pdf
Regards,
Fredrik J Pinakunary