Repealed law can be used to charge Bob: Prosecutor<\/p>\n
JAKARTA (JP): Prosecutors in a multimillion-dollar graft case
\ninsisted on Wednesday that charging timber baron Muhamad \"Bob\"
\nHasan under an old anticorruption law that had been repealed was
\nlawful despite the existence of a new Anticorruption Law.<\/p>\n
Chief prosecutor Arnold Angkouw told the Central Jakarta
\nDistrict Court hearing that since the defendant allegedly
\ncommitted corruption before the enactment of the 1999
\nAnticorruption Law, he had used the old 1971 anticorruption law
\nto charge Hasan.<\/p>\n
\"A crime committed can only be brought to court in accordance
\nwith a law enacted before the crime was committed.<\/p>\n
If there are revisions to a certain law, (which leads to the
\nenactment of a revised law), the defendant should be tried
\naccording to the law that is most beneficial to him,\" Arnold told
\nthe hearing, quoting Paragraphs 1 and 2 of Article 1 of the
\nIndonesian Criminal Code.<\/p>\n
\"If neither of the two laws are beneficial, the defendant
\nshould be tried according to the law enacted before the crime was
\ncommitted... in this case, the 1971 anticorruption law.\"<\/p>\n
The hearing was presided over by judge Subardi.<\/p>\n
As reported earlier, prosecutors accused the defendant of
\ndefrauding the state of US$75.62 million and the Association of
\nIndonesian Forest Concessionaires (APHI) of another $168 million
\nthrough an allegedly fraudulent aerial mapping project, on the
\nbasis of an old law that had been repealed.<\/p>\n
Judge Subardi adjourned the hearing until Thursday next week,
\nwhen the panel of judges will decide to whether accept or reject
\nthe demand made by Hasan's team of defense lawyers to dismiss the
\ncase which they say is based on a repealed law.<\/p>\n
Separately, defense lawyer Intihani said on Wednesday that
\narguments made by prosecutors were baseless since the 1999
\nAnticorruption Law clearly cancels out the old law, as stated in
\nArticle 44 of the new law.<\/p>\n
\"Arnold spoke of revision ... a revised law. The 1999 law is
\nnot a revised law but a totally new law which cancels the old
\nlaw,\" Intihani told The Jakarta Post.<\/p>\n
\"The new law was enacted after the alleged corruption acts
\nwere committed so it cannot be used in court legally, whereas the
\nold law has been repealed.\"<\/p>\n
In Article 36 of the 1971 anticorruption law, it is clearly
\nstated that corruption acts occurring before the enactment of the
\nlaw could be investigated and tried in court using this law.<\/p>\n
However, nothing as such is stated in the new Anticorruption
\nLaw.<\/p>\n
As reported earlier, Hasan's lawyers accused state prosecutors
\nof coming up with an incomplete dossier on the defendant.<\/p>\n
\"The prosecutors are charging my client under the 1971
\nanticorruption law for enriching himself at the state's expense.
\nThe law is no longer in effect, as the 1999 Anticorruption Law
\nwas enacted on Aug. 16 last year,\" Augustinus Hutajulu, lead
\ndefense lawyer of Bob Hasan, told the hearing. (ylt)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/repealed-law-can-be-used-to-charge-bob-prosecutor-1447893297",
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