Exception in the case of corruption on behalf of Tom Lembong

The exception is one of the legal efforts to be interrupted in the Indonesian criminal justice system that is based on the objection to continue to make a decision. If the judge stated that the objection was accepted, then the case was not examined. On the contrary, in the case of not being accepted or the judge considers that it can be ceased only after examination, the process is continued.

Please refer to the sound of article 156 of the Criminal Procedure Code, forming Kuhap Law number 8 of 1981 clearly gave the defendant’s right to declare objections specifically regarding the court authority to try the case of the defendant; Similarly, in point (3), granted to the public prosecutor/prosecutor to declare objections regarding the court’s decision to receive the objection (exception) of the defendant.

Exception In accordance with the provisions of the Criminal Procedure Code, it is clearly intended to be granted to the defendant and also to the public prosecutor before entering the main examination of the case. However, the group of judges of the Court of Corruption at the Central Jakarta District Court rejected the exception of the defendant, on the grounds that it will be discussed in the main examination of the case; It is not clear that taking into account the judges of the judge of the Court of Corruption, because the substance of the excess filed by the defendant is a problem of the court authority to examine and follow the pursuit of the Tom Lembong case and has not entered the subject.

The provisions regarding the exception of the Criminal Procedure Code of 1981 granted legal gaps for the right of the defendant to fight with the public prosecutor, so that there is an honest and fair judgment (correct and only trial), but exactly from the judge of the Corruption Court of the Central Jakarta District does not offer a correct and honest opportunity. Considering the Council of the Court of Corruption at the Central Court of the Jakarta District is truly alarming and it is not appropriate to show up to the larger special community in the capital, which is largely legal.

Two key provisions in the substance of the exception of the defendant Tom Lembong/Legal law are the core of the court authority to examine and follow the prosecution of the Tom Lembong case, which is not ignored by the judge group and is not even suitable for the group of judges from the Central Jakarta Court. Given that the law on judicial power confirms that the judge fulfills the law freely on the basis of faith in Almighty God and is deprived of the influence of any power and should be based on the law of judicial power, the judge is obliged to explore the values ​​of justice that has developed in the community regarding the case of Tom Lembong

In addition, the Attorney General’s office did not provide an adequate explanation for the problem of discrimination for legal treatment, except that Tom Lembong is just a matter of fate. The event of rejecting the exception of Tom Lembong Resistance/Legal Counsel is a miscarriage of justice, which is demonstrated by the fact that it does not understand and, in addition, compliance with the law of corruption -especially of article 14, which confirms that the Corruption Court is not authorized to examine the criminal acts regulated in the commercial law, with the exporting law, with the exception. corruption.

The exception filed by the defendant Tom Lembong had the right to meet in accordance with the provisions of the Criminal Procedure Code. Therefore, it becomes strange and cannot be understood if the judge who swore in the name of God Almighty is still brave to escape the rights of the defendant, violating the law of the Court of Corruption Article 6.

Rejecting the exception of the defendant Tom Lembong by the corruption court at the Central Jakarta District Court, without providing adequate legal reasons/considerations, except for the search only for easy ways to fulfill the 180 working target time in examining corruption cases. Rejection of the exception without legal considerations/reasons in accordance with the general principle of criminal law has clearly renounced the authority of judicial power before the broader community.

https://www.youtube.com/watch?v=shVsmr1lfa

The issue of rejecting the exception of the judges of the Court of Corruption in the Central Jakarta District Court has become a serious concern of the Judicial Commission and the Supervisory Agency of the Supreme Court, which is reliable to maintain the dying power in an adequate place and deserves to be the foundation of the lawyers.

(Zik)