JAKARTA - Criminal law expert from Trisakti University, Abdul Fickar Hadjar assessed that the judge should reject the Judicial Review (PK) filed by Djoko Tjandra regarding the cessie case (collection rights) of Bank Bali. Because, so far, Djoko has never appeared at the South Jakarta District Court (PN) to follow the proceedings.
"In my opinion, the petition must be declared unacceptable, because the applicant never came as stipulated in article 265 paragraph (2) of the Criminal Procedure Code," said Fickar to VOI via text message, Monday, July 20.
He said this attendance was an absolute must considering that as a PK applicant, Djoko was required to sign an examination report with the judge, prosecutor and clerk. This requirement, he said, is regulated by article 265 paragraph (3) of the Criminal Procedure Code (KUHAP).
In addition, Djoko must also be present at the trial to confirm his identity in order to avoid error in person or wrong person.
Furthermore, the presence of this high-profile fugitive cannot be represented by his legal counsel. Because, in Article 264 paragraph (2) of the Criminal Procedure Code it is explained that the PK applicant, namely Djoko Tjandra, is required to attend, unlike the pretrial hearing which can be represented by the petitioner's attorney.
The power of attorney held by the applicant's attorney, continued Fickar, cannot be used as a basis for acting on behalf of Djoko Tjandra. "Because there could also be an error in person or an error in person," he said.
"So in conclusion, the PK application on behalf of Djoko Tjandra must be declared unacceptable," he added.
Fickar also stated that the fugitive's absence at the third PK hearing today, Monday, July 20 should be one of the reasons the petition was not accepted. This is because Djoko's absence from the trial should be considered that he has relinquished his right to provide answers to the cases that have trapped him.
"In the criminal procedure law, the proper summons are twice. If the third time does not come, it is considered to give up the right to answer or exercise one's right at trial," he said.
Previously, the review hearing (PK) filed by Djoko Tjandra regarding the Bank Bali cessie case at the South Jakarta Court was postponed again, and will reopen next week.
The trial was originally scheduled to open again on Monday, 27 July. Chief Judge Nazar Effriandi said the trial was postponed again because Djoko Tjandra as the petitioner was not present at the trial.
Djoko Tjandra's attorney, Andri Putra Kusuma, said that his client could not attend because he was still sick. He also attached a sick letter and a statement from Djoko Tjandra.
"Our client is still not recovering. Next I will tell you again and there is also a letter addressed to the assembly," said Andri at the South Jakarta District Court, Monday, July 20.
For your information, Djoko Tjandra registered a case review (PK) at the South Jakarta District Court on June 8.
However, during the two trials that took place on June 29 and July 6, this fugitive never appeared because he was sick. Djoko's attorney said that his client was in Kulala Lumpur, Malaysia for treatment.
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