Today’s Legal Enlightenment (Friday, 28 October 2022)

CONCERNING REVIEW TO THE SUPREME COURT BY THE PUBLIC PROSECUTOR

Supreme Court Decision Number: 55 PK/Pid/1996 dated 25 October 1996 concerning Review by the Public Prosecutor in a case of convict Dr. Muchtar Pahpahan, SH, MM, states the following:

“In facing this juridical problem of the Criminal Procedure Code that is not explicitly regulated in the Criminal Procedure Code, the Supreme Court, through this decision, wants to create its own Criminal Procedure Code to accommodate the lack of regulation regarding the rights or authority of the Prosecutor to submit a request for a review to the supreme court in a criminal case.”

Supreme Court Decision Number: 3 PK/Pid/2000 dated 2 August 2001 concerning Review to the Supreme Court by the Public Prosecutor in the case of RAM GULUMAL al. V. RAM, states the following:

Concerning the authority of the Prosecutor’s Office in submitting a review to the Supreme Court, this decision provides the following considerations:

a.       Article 263 paragraph (1) of the Criminal Procedure Code does not explicitly prohibit the Public Prosecutor’s right to apply for a review to the Supreme Court because, logically speaking, it is impossible for the convict or their heirs to file a review in the case of Vrijspraak & Onslag Van Rechtvervolging. In this case, it is the Public Prosecutor who has an interest in the reasons mentioned in Article 263 paragraph (2) of the Criminal Procedure Code.

b.      Article 263 paragraph (3) of the Criminal Procedure Code also cannot be used for the convict or their heirs because it tends to harm the person concerned. Hence, it is logical that the Public Prosecutor is given the right to review based on this article.

(This was regulated in Regulation op de Rechtvordering & Supreme Court Regulation No. 1 of 1969 and Supreme Court Regulation No. 1 of 1980) (The Attorney General may submit a review to the Supreme Court).

Source:

Supreme Court Decision No. 12 PK/Pid.Sus/2009, the Case of Joko S. Tjandra

Best regards,

Fredrik J. Pinakunary