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Now You See It, Now You Donít

Suit Filed by Citizenís Group Wants to Overturn Schapelle Corbyís Presidential Remission of Sentence


Bali News: Now You See It, Now You Donít
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(6/10/2012)

A citizen’s group calling itself the Anti-Narcotics Movement (Granat) accompanied by the former Minister of Justice and Human Rights Yusril Ihza Mahendra have formally registered a suit with the National Administrative Court (PTUN) challenging the legitimacy of the remission in sentences granted by President Susilo Bambang Yudhoyono to two convicted drug felons being held in Bali’s Kerobokan Prison, Schapelle Corby and Peter Grobmann.

Hendry Yosodiningrat the chairman of Granat, Yusril Mahendra the head of Granat’s legal team and a large group of Granat members converged on the PTUN on Thursday, June 7, 2012, to file their legal challenge against the presidential remission.

Yusril told NusaBali that many Indonesian were unaware of the remission in sentence given by the President to two foreign nationals.

The suit filed with PTUN claims the presidential remission in sentence represents a decision by the Country’s chief executive and is therefore subject to possible legal challenge before the PTUN. In Yusril and Granat’s view, the PTUN has the authority to overturn any ruling or decision made by the Indonesian President whenever it can shown the President’s actions were illegal, violated the public’s interest or were not in accordance with the principles of good governance.

Yusril complaint filed with the PTUN seeks to demonstrate that the granting of a sentence remission to Corby and Grobmann was in opposition to the National Constitution, the National Narcotics Law and 2006 regulations prohibiting the granting of remissions to those charged with corruption, terrorism, narcotic crimes or trans-national crime.

If the PTUN accepts the legal challenge filed by Granat, it is possible that the remission in sentences granted by President Yudhoyono could be revoked. Moreover, Yusril has announced that if the PTUN rejects the case or rules that the Presidential remission of sentence was legal, his group will appeal the PTUN ruling. Yusril added, “I think there is sufficient reasons for the courts to overturn the two decisions by the President.”

A spokesman for the President, Julian Aldrin Pasha, told the press that he had only just heard of the suit filed by Granat and was unable to comment until given a chance to review the basis of the complaint. Pasha did, however, say the Presidential decree granting a remission in sentences for the two convicts met all administrative procedures and was not in opposition with the National Constitution that grants the Chief Executive such powers.

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