MK: NGOs CONSIDERED “THIRD PARTIES WITH INTEREST” CAN APPLY FOR PRETRIAL

The phrase ‘…third parties with interest…’ contained in Article 80 of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is unconstitutional as long as it does not mean “including victim-witnesses or reporters, non-governmental organizations, or community organizations.” That is the order of the Constitutional Court’s decision number 98/PUU-X/2012 which was read out on Tuesday (21/5/2013).

With this decision, victim-witnesses or reporters, non-governmental organizations, or community organizations are included in the meaning of “third parties with interest” as stipulated in Article 80 of the Criminal Procedure Code who can submit requests for pretrial examinations regarding whether or not the termination of an investigation or prosecution is legal.

 “Grants the petition of the Petitioner; the phrase third parties with interest’ in Article 80 of Law Number 8 of 1981 concerning Criminal Procedure Code is contrary to the 1945 Constitution of the Republic of Indonesia insofar as it does not mean ‘including witnesses, victims or reporters, non-governmental organizations or community organizations’, ‘ said the Chief Justice of the Constitutional Court in the Plenary Session Room of the Constitutional Court.

Source:

Website of the Constitutional Court of the Republic of Indonesia (Www.mkri.id)

Best regards,

Fredrik J. Pinakunary