TEMPO.CO, Jakarta - East Jakarta's State Adminitrative Court (PTUN) has refused to repeal the decree issued by the Minister for Law and Human Rights Affairs, which grants Pollycarpus Budihari Prijanto parole, citing the fact that the PTUN has no authority over the issue.
"After careful deliberation, the Court has ruled to accept the exception submitted by the Defendant, and against the motion filed by the Plaintiff," said Judge Ujang at the hearing on Wednesday, July 29, 2015.
The panel of judges has decided to accept the defense submitted by the Ministry of Law and Human Rights Affairs, based on the fact that PTUN could only rule on cases that are regulated under the Criminal Code (KUHP), Criminal Procedural Code (KUHAP), and other regulations that has been judged as equivalent to KUHP and KUHAP.
Meanwhile, the rules governing the granting of paroles are outlined in the Penal Code - as such, it has to be ruled by courts other than PTUN.
"As a result, the panel of judges has decided to leave the argument out of account," said Ujang, who also ordered the plaintiff, Imparsial - a human rights watchdog - to pay the court fees amounting to Rp 302,000.
Previously, Imparsial, along with the Solidarity Committee for Munir filed a suit to challenge Decree registered under W11.PK.01.05.06.0028, which grants parole for Pollycarpus Budihari Prijanto, a former Garuda Indonesia pilot who had served eight out of his 14-year sentence for murdering Munir Said Thalib, a human rights activist.
INDRI MAULIDAR