Remember Joko Tjandra? Today MK Rejects His PK II Application

Joko Tjandra (Dok Antara)

JAKARTA - The Supreme Court (MA) rejected the petition for judicial review (PK) II submitted by the convict in the case of transfer of debt collection rights (cessie) of Bank Bali Joko Soegiarto Tjandra.

Based on a written statement from the Supreme Court received in Jakarta, Wednesday, January 5, Joko Soegiarto Tjandra's application for PK II was registered with Number 467 PK/Pid.Sus/2021.

The decision to reject the PK II was led by Andi Samsan Nganro as chairman of the assembly with Suhadi, Eddy Army, Sri Murwahyuni, and Surya Jaya each as member judges.

Formally, Joko Soegiarto Tjandra's PK II cannot be accepted with the consideration that the submission of a PK II application is only possible if the PK II application is based on the reason that there is a conflict between a decision that has permanent legal force.

Then another decision with permanent legal force in the object of the same case as regulated in the Circular Letter of the Supreme Court (SEMA) Number 10/2009 concerning the Submission of a PK Application in conjunction with SEMA Number 7/2014 in conjunction with SEMA Number 4/2016 concerning the Enforcement of the Results of the Supreme Court Chamber Formulation.

Although the applicant argues that there is a conflict between the two decisions, namely the PK decision No. 100 PK/Pid.Sus/2009 dated February 20, 2012 (the ruling rejects the applicant's PK) and the PK decision No. 12 PK/Pid.Sus/2009 dated June 8, 2009 (the verdict is in favor of PK Prosecutor). However, according to the panel of judges, there is no contradiction between the two decisions. In fact, the decision of the PK case Number 100 PK/Pid.Sus/2009 supports the decision of the PK Number 12 PK/Pid.Sus/2009.

It rejects the petitioner's or convict's PK application and states that the decision of the PK case Number 12 remains valid. Thus, the reason for the PK II from the applicant does not meet the reason for the existence of a conflict which is a formal requirement to apply for a PK more than once.

Based on these reasons and reasons and taking into account Article 266 paragraph (1) of the Criminal Procedure Code, the request for PK II from the convict Joko Soegiarto Tjandra was not accepted.

On the one hand, regarding the decision, one of the member judges, namely Eddy Army, had a dissenting opinion (DO). He is of the view that the reason for the PK of the convict is sufficiently grounded according to law to be granted as the decision of the court of first instance. This was reported by Antara.