|
|
JAKARTA - The Constitutional Court (MK) met Antasari Azhars demand on Thursday allowing the former chairman of the Corruption Eradication Commission (KPK) to file another judicial review over his case.
Antasari has been sentenced to 18 years in jail for ordering the murder of Nasrudin Zulkarnaen, a prominent businessman who headed a state-owned pharmaceuticals firm, PT Rajawali Putra Banjaran.
Explaining the reason behind the ruling, MK justice Anwar Usman said that pursuit of justice could not be limited by time or formality regulations allowing judicial review to be carried out only once.
It is not impossible that "after a decision is made in a judicial review case a new substantial evidence is found, he added, when reading legal considerations over a decision to review Article 268 paragraph 3 of Law Number 8 of 1981 on the Code of Criminal Procedures (KUHAP).
Anwar however said that the decision to determine whether or not the evidence presented was really new was in the hands of the Supreme Court that has the authority to conduct a judicial review trial.
Anwar said that a judicial review as an extraordinary legal effort is historically and philosophically an effort made to protect the interest of a convict. "Judicial review is different from other legal avenues such as an appeal and a cessation which are common legal avenues," he said.
He said common legal avenues are connected with legal certainty and so limitation is needed to assure certainty while a judicial review as an extraordinary avenue is aimed at finding justice and material truth and so it may not be limited by time or formality regulation.
In view of that MK, he said, met Antasari Azhars demand for a review of Article 268 paragraph 3 of the KUHAP that would close his chance to file a judicial review for more than once.
|
|
|
|
|
|
There are no reactions on this blog entry yet. Be the first one to give a reaction here!
|
|
Log in to write a reaction
|
You are not logged in to the website. You have to be logged in to write a reaction on this blog entry.
· If you already have an account, please login.
· If you have lost your password, please retrieve it.
· If you don't have an account yet, you can create one.
|
|
|
| ABOUT THIS ENTRY |
Add this blog entry to your email, your own blog, MySpace, Facebook, or whatsoever via AddThis:
|
Login if you want to receive emails for reactions on this blog entry. You will receive an update as soon as a reaction on this blog entry is posted.
|
|
Looking for e-tickets for flights in Indonesia? Here's your solution! Order your e-tickets at ticketindonesia.info.
|
| BLOG ARCHIVE |
· 2015, 28 entries
· 2014, 591 entries
· 2013, 750 entries
· 2012, 1061 entries
· 2011, 792 entries
· 2010, 644 entries
· 2009, 916 entries
· 2008, 504 entries
· 2007, 725 entries
· 2006, 1014 entries
· 2005, 723 entries
· 2004, 558 entries
· 2003, 525 entries
· 2002, 375 entries
· 2001, 162 entries
|
| POPULAR TAGS |
Automatically generated every hour
|
| EXCHANGE RATES |
@ 17 May 2018 18:12 CET
|
@ 17 May 2018 21:58 CET
|
@ 15 May 2018 08:42 CET
|
@ 07 May 2018 07:48 CET
|
@ 16 May 2018 09:18 CET
|
@ 17 May 2018 00:46 CET
|
|
| Go to 'exchange rates' |
|
