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Jakarta Post

Antasari wants MK to defend his rights

Murder convict Antasari Azhar has called on the Constitutional Court to annul Article 268 Paragraph 3 of the Criminal Law Procedures Code (KUHAP), a move that could allow for a second review of the Nasrudin Zulkarnaen murder case

The Jakarta Post
Thu, April 11, 2013 Published on Apr. 11, 2013 Published on 2013-04-11T08:12:01+07:00

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urder convict Antasari Azhar has called on the Constitutional Court to annul Article 268 Paragraph 3 of the Criminal Law Procedures Code (KUHAP), a move that could allow for a second review of the Nasrudin Zulkarnaen murder case.

The article stipulates that a case review of a ruling can only be conducted once.

Antasari, the former head of the Corruption Eradication Commission (KPK), filed a request for the second judicial review with the Constitutional Court in March.

In 2010, the Jakarta District Court sentenced Antasari to 18 years in prison for the 2009 killing of Nasrudin. The verdict was upheld by the Supreme Court a few months later. Antasari then attempted to overturn the Supreme Court’s ruling by filing a case review of his murder trial in February last year, but to no avail.

“I’ve been incarcerated for nearly three years; as a former law enforcer, I believe [the provision] was to give legal certainty. However, I feel that justice has not been upheld. Is that the idea behind Article 268?” he asked a panel of justices at the Constitutional Court on Wednesday.

Presiding justice Ahmad Fadlil Sumadi told Antasari that he had to be able to provide evidence that this judicial review would be different from the previous two attempts to have the same provision, Article 268 Paragraph 3, annulled, both of which were rejected by the bench.

Antasari’s lawyer, Arif Suhadi, said they would present different arguments and so ensure that their case would not fall foul of the legal rule, nebis in idem, meaning no legal action can be instituted twice for the same cause.

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