Tag "Constitutional Court"
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Constitutional Court Rejected the Petition for a Judicial Review of Article 284, paragraph (1), paragraph (2), paragraph (3), paragraph (4) and paragraph (5), Article 285 and Article 292 of the Indonesian Criminal Code
In Decision No. 46/PUU-XIV/2016 dated 14 December 2017, the Constitutional Court rejected Case No. 46/PUU-XIV/2016 on a Judicial Review of Article 284, paragraph (1), paragraph (2), paragraph (3), paragraph (4) and paragraph (5), Article 285 and Article 292 of the
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Unravelling the Roots of Makar: Judicial Review Submission on “Makar” to the Constitutional Court, 16 December 2016
The Criminal Code (“KUHP”) is the current legal framework for criminal law in Indonesia, which is originated from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI). This legislation was ratified in Indonesia by Koninklijk Besluit (King’s Command) No. 33, dated
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ICJR: Expanding Crimes Relating to Decency will Potentially Generate Over-Criminalization and Human Rights Violation
Institute for Criminal Justice Reform (“ICJR”) has officially read its petition as an indirect related party applicant before a trial which held in the Constitutional Court (Mahkamah Konstitusi – “MK”) on 30 August 2016. In the petition, ICJR requested that
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Expanding Crimes Relating to Decency will Potentially Generating Criminalization
ICJR has volunteered as an indirect related party applicant in this case on 12th August 2016 The Constitutional Court of the Republic of Indonesia (Mahkamah Konstitusi – “MK”) is currently examining Case No: 46/PUU-XIV/2016 related to the review to Article
Read MoreKUHAP, Court Reform Needed to Uphold Justice and Legal System, Activists Say
Activists on Friday called on the government and legislature to deliberate on a planned revision of the Criminal Code of Procedures following last week’s ruling by the Constitutional Court to expand the jurisdiction of pretrial hearings. The court had ruled that a
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ICJR Appreciates the Constitutional Court Decision for Broadening the Ambit of Pretrial Hearing
Institute for Criminal justice Reform (ICJR) welcome the recent Decision No. 21/PUU-XII/2014 rendered by the Constitutional Court (Mahkamah Konstitusi/MK) in broadening the object matter that can be heard by pretrial hearing (Praperadilan), including the act of investigator in naming of
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Supreme Court to Review Its Own Regulation. Civil Society has filed judicial review petition on the Supreme Court Circular Letter on the Limitation of Case Review Application Submission at the Supreme Court
The Coalition Against Death Penalty (Koalisi Anti Hukuman Mati) consisted of ICJR, Elsam, Imparsial, HRWG, LBH Masyarakat, Setara institute, and Ikohi perceived that the Supreme Court Circular Letter No. 7 of 2014 on the Limitation of Case Review Application Submission
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ICJR: Provision on Limitation for Retrial Application under the Supreme Court Circular Letter is not Appropriate
The Supreme Court has contravened the basic legal principle of “Lex Specialis Derogat Legi Generali” (specific law prevails over general law) in formulating the limitation of retrial (Peninjauan Kembali) application in the Circular Letter. In concluding the 2014, the Supreme
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