The Constitutional Court Declares The Prosecutor's Authority To Apply For Unconstitutional PK

JAKARTA - The Constitutional Court stated that the prosecutor's authority to submit a review (PK), as regulated in Article 30C letter h, contradicts Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia because it creates legal uncertainty. "Contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force," said Chief Justice of the Constitutional Court Anwar Usman when reading the verdict reported by ANTARA, Friday, April 14. According to the Constitutional Court, the prosecutor's authority in filing PK not only creates legal uncertainty, but this authority also has the potential to cause abuse of authority by prosecutors, in particular in terms of submission of PK to cases that incidentally have been declared free or regardless of all lawsuits. Previously, through Constitutional Court Decision Number 33/PUU-XIV/2016, the Constitutional Court has declared that prosecutors are not authorized to apply for PK, but only convicts or heirs. "The Court needs to reaffirm the issue of four main foundations that cannot be violated and interpreted in addition to what is explicitly stated in Article 263 paragraph (1) KUHAP," said Constitutional Justice Manahan MP Sitompul.