JAKARTA - Constitutional law expert Margarito Thursday assessed that the application for judicial review (PK) must be equipped with a new novum or evidence that the defendant has never used during the judicial process.
He made this statement regarding the Supreme Court (MA) rejecting PK Finance Director of PT Keang Nam Development Indonesia (KNDI), Adelin Lis.
"The application for PK must be included by the novum or new evidence, which has never been used by the convict. Starting from the first instance court, until the case goes to the Supreme Court," Margarito was quoted as saying on Tuesday, November 14.
However, if there is no new novum, then, the PK submission will only be in vain. Because, that is the main thing.
If he already has a new novum, the defendant can file witnesses or experts to interpret the arguments of his defense.
"Don't just rely on witnesses or experts and give interpretations of the facts found in the trial. The novum must be completely purely new," he said.
On the other hand, Margarito also said that the defendant could apply for a PK more than once if he was deemed not to have found a sense of justice. This is stated in the Constitutional Court's decision Number 34/PUU-XI/2013.
"Our rules allow PK many times," said Margarito.
Adelin Lis is the owner of PT Mujur Timber Group and PT Keang Nam Development Indonesia who was convicted in the illegal logging case in the forest of Mandailing Natal, North Sumatra.
اقرأ أيضا:
The Medan District Court acquitted Adelin Lis in 2007. However, the Attorney General's Office filed an appeal and in 2011.
The Supreme Court granted the appeal. Thus, Adelin Lis was sentenced to 10 years in prison and a fine of Rp. 1 billion because he was found guilty of corruption.
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