Judge's decision Sarpin Rated Exceed Parliament and the Constitutional Court

 JAKARTA, [IFN] --- Rizaldi Sarpin judge's ruling in pretrial Komjen Pol Budi Gunawan considered to be beyond the authority of the Parliament and the Constitutional Court, said the State Administration Law Experts from the University of Atma Jaya Yogyakarta W Riawan Tjandra.

"That decision was actually add substance of article (on pretrial in the Criminal Code)," said Riawan on Monday.

 Riawan explained, the purpose of adding the substance of the article about pretrial determination of the suspect as an object that is not regulated in the Criminal Code, but is used in the examination of the determination of Commissioner General Budi Gunawan suspects in the trial and pretrial ruling.

He said the verdict then came another object pretrial determination of the suspect based on the decision in the case of Budi Gunawan Sarpin.

According Riawan, addition or alteration of the substance of article should be done by the president or parliament. "That's the authority, the president or parliament," he said.

 While the interpretation of state officials and law enforcement do Sarpin, Riawan said, is the authority of the Constitutional Court in interpreting the law.

 "The verdict is already taking over the pretrial Constitutional Court's authority, because authority to determine the constitutional interpretation of the meaning of the norm of a law it is the authority of the Constitutional Court. But in this sort of thing is precisely determined by a judge in the district court," he said.

 He said the current government needs to straighten on the interpretation of law enforcement and state officials with regard to Article 11, paragraph a Law Commission on the subject of perpetrators of corruption.

 Riawan concerned the interpretation of law enforcement and other state officials can be interpreted as a corruption suspect sues through pretrial Commission.

In addition Riawan also hope the Supreme Court provides clarity to the article governing pretrial object in the Criminal Code.

 "Without this clarity, I was a bit worried the pros and cons of this will arise and the fate of the tip of the horn eradication of corruption there," he said.

 Riawan argues, drive to straighten out the legal process that began in the Commission filed a reconsideration and then reviewed by the Supreme Court.

Consultation and Legal Aid Institute Andalas University held an academic test or examination results Sarpin Rizaldi pretrial ruling in pretrial Budi Gunawan.

Assembly examination consisting of six legal experts are finding a number of decisions were contrary to the law and beyond the authority.

Some of it is the judge who set the conclusion of law enforcement and the applicant is not the applicant is not the organizer of the state. Therefore assembly examination merkomendasikan academic test results encourage the Supreme Court to play the role of overseeing the judicial power, so that the legal process of any judge obey the law of criminal procedure.

In addition, recommendations are also given to the legislators can untu considering the question as one of ketentutan pretrial criminal procedural law should be revised in order to provide legal certainty.

Assembly examination consists of Professor of Criminal Law Unand Prof. Dr. Elwi Danil, the State Administration Law Experts Unand Dr. Yuslim, Criminal Law Experts Unand Dr. Shinta Agustina, Philosophers Binus University Dr Shidarta Law, Criminal Law Experts UI Gandjar Lakshman, and advocate Sudi Prayitno.