Halaman

Minggu, 08 Januari 2012

The case of Laws which is no longer valid in Indonesia

This case occurred between PT Angkasa Pura 1, State Owned Enterprise againsts its retirees who occupants Angkasa Pura Pura 1's house compound which is located in Rawasari Jakarta.

The case of the AP 1's house compound, happened since of the occupants of that houses began serving their pension.

Although there is a kind of provision that all retirees must leave the company house commencing six months after they begin to retire, but also there is legislation that gives rights to the occupants of the company house to buy a house in which they have already lived the house for at least 10 years.

It was stipulated in the Decree of the Minister of Finance of the Republic of Indonesia, since the employees of State Owned enterprise are Government Employee as well.

For that purposed in the year of 2006, the President Director of PT AP 1, has made Application Letter to the Minister of State Enterprises, in order to get a permission for the residents of company's house who are eligible to buy that house.

While waiting for a reply from the Minister of SOE over that letter, sudenly in the year of 2009, PT Angkasa Pura 1, issued a letter of instruction to emptying of company house.


Due to those letter of emptying, the retirees demanding that case to the civil court against that discharge letter.

Afterward that civil case is trialed in civil court what so called the administrative court/PTUN
While the trial is running, the company complained that case to the police, so that civil case is changed as a criminal case.

Then the police file of that criminal retirees was brought to the State Attorney, Central Jakarta.

After the retirees case file is considered completed by the prosecutor, then that case is taken to the court for trial in the Case of Residential Homes without any right.

The charges that accused to the retirees is Occupancy Houses without any rights in accordance to the article in the Republic of Indonesia Act No. 4, the year of 1992.

The process of the police investigation against the retirees occurred during the year of 2010, then the investigation process that is undertaken by the prosecutors conducted and finished until the mid of the year 2011.


During the investigation process occurs in the year of 2011, particularly in the district of Central Jakarta Attorny, there was a change in the Law of the Republic of Indonesia No. 4 of 1992, it is pulled, no longer valid anymore and replaced by Law No. 1 of 2011 concerning to the Government House.

In the laws No. 1 of 2011, it is said over all, that the problems that occur in residential of government house is a civil case, not a criminal case, and should be resolved in the civil court.

That change has been conveyed by the retirees to both the police and the prosecutors.
But both institutions said that:

"The incident of occupancy house with no right occurred starting from 2009, prior to the enactment of Law No.1 2011 and it is still happening until now. Therefore it is still feasible to be trialed now 2011, in the court as a criminal case. This is accordance to the principle of Tempos Delicti"

Of course, this is contrary to the Principle of Law that said:

"If there is a change of the law that indicted to the defendant, it must be in enacted the most favorable law which is accused to the defendant"


This case is very interested to be reviewed and analysed according to the Law Science, because that thing has ever happened to Mr. Yusril Ihza Mahendra, former Minister of Justice, who is accused by the laws which is no longer valid. But whether because he is a former minister, finally that charges was pulled by the Attorney General of the Republic of Indonesia.

A similar case also have been experienced by the 2 heroes widows, the widows of the late retired employee of Perum Pegadaian Negara, States Owned Enterprise.
They are also accused of violation of clauses in the Act No. 4 of 1992, Occupancy House With No Right, since they are occupants of the State Owned Enterprise's house.

The case has already finished, stipulated by the Supreme Court of the Republic of Indonesia.
The decission is  "free no guilty"

But why did the same thing happened again to the retirees of Angkasa Pura 1.
The government supposed to look to the case of the 2 Heroes Widows as a "yurisprudence"

The answer is:

"that's the Republic of Indonesia, the Country of the Rulers,  that any time can criminalize a civil case"

Sumber: http://rumahdinasangkasapura1.blogspot.com/2012/01/case-of-laws-which-is-no-longer-valid.html

Tidak ada komentar:

Posting Komentar