JAKARTA - The Constitutional Court (MK) rejects the lawsuit of Maj. Gen. (Purn) TNI Kivlan Zen, regarding Emergency Law Number 12 of 1951 concerning Firearms. Where Kivlan asked Article 1 paragraph 1 regarding the smuggling of illegal firearms to be removed.
"On trial, declaring the petitioner's petition unacceptable," said Chief Justice of the Constitutional Court Anwar Usman reading out the injunction No. 27 / PUU-XVIII / 2020, as reported by the MK website, Wednesday, July 22.
Based on the consideration of the Panel of Judges, Kivlan Zen could not describe the constitutional authority due to the enactment of Article 1 paragraph (1) of the Emergency Law 12/1951. The Petitioners, in fact, described more concrete cases that were irrelevant to the arguments of the petition.
Where the arguments presented by the petitioner, in fact, contain a lot of news links related to the violation of the applicant's right to hold demonstrations, so that the arguments have not been ratified by the Emergency Law 12/51 by the DPR.
"Because the petition was vague so that it did not meet the formal requirements, the Court did not consider the petition's petition further," said Constitutional Justice Arief Hidayat.
As is well known, Kivlan Zen challenged paragraph 1 of Article 1 of the Emergency Law Number 12 of 1951 concerning Firearms in contravention of the 1945 Constitution. He stated that this article had no binding legal force.
In his view, Emergency Law 12/1951 concerning Changing 'Ordonnan Tietijdelijke Byzondere Strafbepalingen' (STBL. 1948 Number 17) and previous Law No. 8/1948, so it is not uncommon as a nomenclature of the Act. Especially among legal practitioners, Emergency Law 12/1951 is not referred to as the Law on Firearms.
Kivlan Zen argued that Article 1 paragraph (1) of Emergency Law 12/1951 created legal uncertainty and discrimination. This article contains a prohibition for anyone to enter and use firearms and ammunition and the threat of punishment.
"Whoever, without the right to enter Indonesia, makes, receives, tries to obtain, deliver or tries to surrender, control, carry, have supplies in him or have in his property, keep, transport, hide, use, or remove from Indonesia a firearm, ammunition or something explosive, punishable by the death penalty or life imprisonment or a maximum temporary imprisonment of twenty years, "reads Article 1 paragraph 1 as meant by Kivlan.
It should be noted that Kivlan is currently being charged with possession of illegal firearms and live ammunition at the Central Jakarta District Court. The firearms and bullets were purchased from a number of people without any letters.
Kivlan Zen was charged with Article 1 paragraph (1) Law Number 12 / drt / 1951 in conjunction with Article 55 paragraph (1) 1st KUHP or Article 1 paragraph (1) Law Number 12 / drt / 1951 in conjunction with Article 56 paragraph (1) KUHP . However, the trial is still pending due to Kivlan's poor health condition.
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