ICJR Warns the Supreme Court to Revoke Circular Letter on Request for Case Review (Peninjauan Kembali)

On Thursday (5/3/2015) ICJR sent a Warning Letter to the Chief Justice of Indonesian Supreme Court to Revoke the Supreme Court Circular Letter No. 7 of 2014 on Submission of Request for Case Review in Criminal Case

The Indonesian Constitutional Court through its Decision No. 34/PUU-XI/2013, has declared that Article 268 paragraph (3) of Indonesia Criminal Procesudure Code (KUHAP), which outlines request for case review can only be done one time, does not have a binding legal force. Consequently, a convict can now submit request for case review to more than one time as long as the regulated requirements have been fulfilled.

In line with the Constitutional Court Decision, the Institute for Criminal Justice Reform (ICJR) assesses that request for case review is a manifestation of the nature of criminal case trial which its authentication must convinces the Judge about the truth on events that are happened, which is the truth is beyond reasonable doubt. In achieving this truth, stipulation with formality characteristics must not limit efforts of the convict and judge to find the truth. Among other is the restriction of application submission of request for case review to only one time.

By the end of 2014, The Supreme Court issued Supreme Court Circular Letter No. 7 of 2014 (SEMA No. 7/2014) which in essence reaffirm application of request for case review based on discovery of new evidence can only be submitted one time, whereas application of request for case review that is based on existence of conflicting decisions can be submitted more than one time. The Supreme Court decision to issue the Circular Letter is allegedly due to intervention from the Attorney General and Ministry of Law and Human Rights which stated that request for case review to more than one time will interfere execution of death penalty.

ICJR assesses that the Supreme Court put aside several main principles in the establishment of laws and regulations, the Circular Letter supposed to become an internal regulation within the Supreme Court and not supposed to become a new regulation that regulates and binds all Indonesia citizen. The Circular Letter No. 7/2014 has violated the principle of good establishment of laws and regulations because it regulates substances that are not within its authority. Limitation of request for case review to more than one time also violates principle of justice and human rights protection.

Thus, to ensure the Supreme Court is in its function and position to ensure protection of human rights, support justice, and ensure law and order based on laws and regulations, ICJR sent a warning letter to the Chief Justice of Supreme Court to revoke Circular Letter No. 7/2014.

Further, if the Chief Justice of Supreme Court is unwilling to conduct revocation action to Circular Letter No. 7/2014 within the next 7 days, then ICJR will conduct legal efforts through Request for Judicial Review to the Supreme Court.

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