Preventing Prosecutors From manipulating Cases

Constitutional Court rulings in response to requests for case reviews should result in legal certainty, particularly for defendants and the convicted. The court has banned prosecutors from requesting reexaminations of verdicts that have final legal status. The court has also stated that such requests should only be allowed for convicted people or when they are requested by their immediate families.

The Constitutional Court granted a request for a reexamination of Article 263, Paragraph 1 of the Criminal Procedures Code (KUHAP) by none other than Anna Boentaran, wife of Joko Soegiarto Tjandra-a fugitive wanted in connection with the Bank Bali debt collection right, or cessie, case. Joko avoided arrest in 2009 and became a fugitive a day before the Supreme Court granted the request for the case review submitted by prosecutors. Joko was sentenced to two years in jail, eight years after the appeal court acquitted him.