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| JUDGE DECIDE THE PRE-TRIAL BY SETYA NOVANTO ABORTED |
Judge Kusno's decision to
disqualify the pretrial on the suspect's corruption of electronic identity card
or e-ID card Setya Novanto was fast and unhindered, even faster than the
scheduled time before in South Jakarta District Court at 2 pm, Thursday,
December 14, 2017.
"To declare the
pretrial petition filed by the petitioner in the fall," said Kusno in his
decision at South Jakarta District Court (South Jaksel), Jalan Ampera Raya,
South Jakarta, Thursday (14/12/2017).
In his consideration, Kusno
said, based on Article 82 paragraph 1 letter d of the Criminal Procedure Code,
the pretrial should have died. In addition, Kusno considers the decision of the
Constitutional Court (MK) Number 102 / PUU / VIII / 2016, which clarifies when
the pre-trial lapses.
"Considering the proof
of the letter from the respondent, it is proven that the principal case has
been delegated," said Kusno.
Novanto's main case trial
was read out on Wednesday (13/12). The indictment has been read by prosecutors
to the KPK despite the start of drama from Novanto who admitted ill but,
according to 4 doctors, Novanto is in good health and can attend the trial.
Vice Chairman of KPK Laode M
Syarif is grateful for the decision of Judge Tunggal Kusno to abort the
pretrial filed by the Speaker of the House of Representatives Officially Setya
Novanto on Thursday (14/12). Known on Wednesday (13/12) the Panel of Justices
of Corruption Court opened the trial of corruption KTP-electronic case with
agenda of reading indictment for Setya Novanto.
"Thank God, we respect
the verdict (pretrial) with this verdict. The principal case can be continued
in the Corruption Court," Syarif said in his short message on Thursday
(14/12).
Syarif continued, the
abortion of pre-trial lawsuit and the receipt of the exception given by the KPK
to Justice Tunggal Kusno proves that indeed the determination of the suspects
conducted by KPK is in accordance with the rules and valid according to the
legal basis.
The consideration of Judge
Kusno abort pretrial in accordance with the provision of Article 82 Paragraph
(1) Sub-Paragraph d of the Criminal Procedure Code which stipulates that in a
case has already been examined by the district court while the case concerning
the request for pre-trial has not been completed, the request is void.
"Considering whereas
Article 82 Paragraph (1) Sub-Paragraph d of the Criminal Procedure Code has
been clarified through the decision of The Court Number 102 / PUU / XIII / 2015
stating that in order to avoid any differences of interpretation as described
above, the Court is of the opinion that the legal certainty and justice of the
pretrial case shall be declared when after the first hearing of the principal case
on behalf of the defendant or the pre-trial applicant, "said Judge Kusno.
He continued, according to
the court of affirmation that is actually in accordance with the nature of
pretrial and in accordance with the spirit contained in Article 82 ayata (1)
sub-paragraph d of Law No. 8 of 1981.
"Whereas based on the
description of the considerations for the sake of the legal certainty of the
court, it is necessary to provide an interpretation of the deadline referred to
in the a quo norm, namely that the pre-trial request shall be declared dead
when the first hearing of the principal case has been filed for the
pretrial," he said.
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