JAKARTA - The Constitutional Court (MK) rejected the KUHP judicial review of the 1945 Constitution regarding the expiration date for the death penalty and life imprisonment of more than 18 years. The applicant for the lawsuit of a Riau Islands resident named Robiyanto.
"Reject all petitioners," said Chief Justice of the Constitutional Court, Anwar Usman when reading the verdict of case Number 86/PUU-XX/2022 in Jakarta, Tuesday, Jnauari 31, was confiscated by Antara.
In his argument, Robiyanto through his attorney conveyed a number of things contained in the subject of the petitioner's petition, including those related to the expiration date of the prosecution 18 years after the crime was committed as stipulated in the provisions of article 78 paragraph (1) number 4 of the Criminal Code, not granting rights to recognition, guarantees, protection and fair legal certainty.
Including the same treatment before the law and in exercising the rights and freedoms it does not fulfill fair demands in accordance with moral considerations, religious values, security and public order in a democratic society with social justice.
This, continued the petitioner, as contained in the opening of the 1945 Constitution in the fourth paragraph, article 27 paragraph (1), article 28J paragraph (1) and article 28J paragraph (2) of the 1945 Constitution.
According to the petitioner, the provisions of article 78 paragraph (1) number 4 of the Criminal Code resulted in the police and the Attorney General's Office being unable to continue the investigation and prosecution in the legal process against five other suspects.
The dismissal of investigations and prosecutions resulted in injustice for the applicant as the victim's family because other suspects should also receive punishments comparable to the crimes committed.
Then, according to the petitioner, the expiration of the prosecution period is 18 years after the crime is committed as stipulated in the provisions of article 78 paragraph (1) number 4 of the Criminal Code, it should be changed to a lifetime expiration of prosecution.
This is done so that every criminal offender who is threatened with the death penalty or life imprisonment is a deterrent and will not commit a criminal act again.
Based on these arguments, the petitioner asked the nine judges of the Constitutional Court to declare article 78 paragraph (1) number 4 of the Criminal Code contrary to the 1945 Constitution and not having binding legal force, as long as it is not interpreted about crimes that are threatened with the death penalty or life imprisonment is "all the life of the perpetrators".
Finally, in the clarification section, Chief Justice of the Constitutional Court Anwar Usman stated that the principal application of the applicant was not legally reasonable.
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