THE CONSTITUTIONAL COURT REMOVES THE AUTHORITY OF PROSECUTORS TO FILE A JUDICIAL REVIEW
Constitutional Court (“MK”) Decision Number 20/PUU-XXI/2023 states that Article 30C letter h and the Explanation of Article 30C letter h of
Law 11/2021 concerning Amendments to Law 16/2004 concerning the Prosecutor’s Office are contrary to the 1945 Constitution and have no power legally binding. The MK considers that by inserting Article 30C letter h and its explanation into Law 11/2021, it means
that the Prosecutor’s authority has increased, in casu the authority to file a judicial review without being accompanied by a clear explanation of the substance of the granting of this authority. According to the MK, the addition of this authority will
not only cause legal uncertainty but also potentially lead to abuse of authority by the Prosecutor, especially in the case of filing judicial reviews in cases that have been declared acquitted or free from all charges.
In substance, the norms of Article 30C letter h of Law 11/2021 are also not in line with the norms of Article 263 paragraph (1) of the Criminal Procedure
Code, which has been emphasized in the MK Decision Number 33/PUU-XIV/2016 which states that the Prosecutor is not authorized to submit a judicial review. Only the convicts or their heirs have the authority to do so.
Source:
Constitutional Court Decision Number 20/PUU-XXI/2023
https://www.mkri.id/public/content/persidangan/decitan/decision_mkri_8977_1681462657.pdf
Best regards
Fredrik J. Pinakunary