REPUBLIKA.CO.ID, JAKARTA – A lawyer Habiburokhman has submitted the resume of material test of Article 87 and 110 verse (1) of the Criminal Code on coup plot trial to Constitutional Court on Monday (April 3). He said the articles were not logic as it equalizing coup plot and the coup itself.
As a result of the policy, critical people could easily be sentenced by the articles. They also threatened by the same charges as making coup.
Habiburokhman argued that both articles potentially violate the constitution right of all Indonesian nationals. It was also contrary to Article 28D verse (1) of the Constitution on the right of getting legal certainty and Article 28G verse (1) on the protection in doing something which is included into human rights.
“In the petitum (the claim submitted by the complainant to decide by the judge), I ask Constitutional Court to conclude that the article of plot agreement trial is contrary to the Indonesian Constitution. So it has no legal force,” he said in Jakarta on Monday (April 3).
Habiburokhman also submitted an interlocutory in the hope that the law enforcers would make a moratorium on the use of the article until the Constitutional Court made its decision. He hoped there would never be arrest or detainment of Indonesian nationals as they conducted meetings and stated their opinion to criticize the government.
Habiburokhman added that there should never be criminalization to critical actions. “All elements, including the state officials and security forces should have commitment in keeping the democracy and freedom of expression that have been achieved since Reformation Era in 1998,” he said.
The material of Article 87 stated, a plot happened when there was an action and when the intention to coup had been realized in a preliminary action, as mention in Article 53. While the Article 110 of Criminal Code said bad agreement in doing crime based on Article 104, 106, 107 and 108 was threatened with criminal accusation mentioned in those articles.
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