The Government of Indonesia Intentionally Sabotage Constitutional Court Ruling by Drafting the Government Regulation on Request for Case Review

Institute for Criminal Justice Reform (ICJR) strongly criticizes the policy of Jokowi Administration which is still attempting to initiate Government Regulation which restricts Request for Case Review to only one time. In ICJR views, the Draft of Government Regulation has intentionally put aside the Constitutional Court Ruling on Request for Case Review of Criminal Cases in Indonesia Criminal Procedure Code. The Government policy is contrary to and intentionally contradicts the Constitutional Court Ruling. The Constitutional Court has revoked Article 268 paragraph (3) of Indonesia Criminal Procedure Code and declared Request for Case Review of Criminal Case is not only performed one time.

Based on ICJR monitoring, the government version of Draft of Government Regulation from substance aspect is very limiting Request for Case Review for example in Article 2 paragraph (2) of Draft of Government Regulation it is clearly stated that “Request for Case Review can only be performed one time”. Moreover in Article 4 paragraph (3) it is stated that: “the second Request for Case Review and so forth cannot be submitted if a. request for pardon is denied by the President. b. the previous Request for Case Review is retracted or the previous Request for Case Review is denied by the Supreme Court.” In ICJR opinion this formulation is strongly contradicts the Constitutional Court Ruling and causes new problems in criminal law enforcement.

The Government must respect the Constitutional Court Ruling as the highest decision regarding stipulation on Request for Case Review in Indonesia Criminal Procedure Code. If the Government opines that there are problems in the Constitutional Court Ruling then the Government should not rush to conclusion to restrict Request for Case Review in the Draft of Government Regulation. ICJR suggest the government to revise stipulation on Request for Case Review in the Draft Law on Indonesia Criminal Procedure Code (R KUHAP).

ICJR sees that objection on Request for Case Review that can be done several times is only to facilitate execution of death penalty that has been planned by the Jokowi Administration for death penalty convicts. ICJR strongly rejects usage of restriction to Request for Case Review that is only intended for the sake of short term interests of the current government.

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