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Lots misinterpretation on treason article, expert said

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Lawyer’s team at The Constitutional Court – MD facebook

Jayapura, Jubi – The Constitutional Court held a follow-up trial on judicial review of treason articles in the Criminal Code (KUHP). During the trial, the criminal law expert Andi Hamzah questioned the misinterpretation and misunderstanding of the article.

He argues, law enforcers in Indonesia do not understand the true meaning of the plot in Law Number 1 Year 1964 on the Criminal Code.

“The provisions on treason for crimes against state security have been mistaken or misrepresented, which will silence the people’s right to argue,” Andi said when testifying at the Court Building, in Jakarta, Tuesday (August 1).

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The legal experts from Trisakti University this said, treason is attempted of murder of the state leadership, whether the execution is successful or not.

He also regretted the Government’s actions against people who are considered to commit treason.

“The misrepresentation of the plot is in question, treason is an effort to kill the president, try a coup d’etat,” he said.

Meanwhile, Vice Chairman of the National Commission on Human Rights Roichatul Aswidah said, the article that regulates the act of treason many targeted political expression.

“In the ICJR (Institute for Criminal Justice Reform) study, several cases related to peaceful political expression are charged with the treason,” Roichatul was quoted as saying in Antara in a hearing in June.

The petitioner of article 28 / PUU-XV / 2017 is Hans Wilson Wader, Meki Elosak, Jemi Yermias Kapanai, and Pastor John Jonga, and Satu Keadilan Foundation and the Gospel of the Gospel Church in Papua.

They examined Article 104, as well as Articles 106 through Article 110 of the Criminal Code. According to him, the regulation is used by the Government to criminalize the Petitioners and has impaired the constitutional rights of the Petitioners as citizens. (*)

 

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