COPY DECREE Number 46/PUU-XIV/2016 JUSTICE BY THE GRACE OF GOD ALMIGHTY CONSTITUTIONAL COURT OF THE REPUBLIC OF INDONESIA [1.1] Who rule upon the constitution case in the first and last instance, rule down a ruling for the case of Commissioning of Law Number 1 Year 1946 concerning Criminal Regulation or Indonesian Criminal Code juncto Law Number 73 Year 1958 concerning Declaration of Enactment of Law Number 1 Year 1946 concerning Criminal Regulation for All Areas of the Republic of Indonesia and Amending the Indonesian Criminal Code to the Constitution of the Republic of Indonesia, which was proposed by: [Barcode] 1. Name : Prof. Dr. Ir. Euis Sunarti, M.S Occupation : Civil Servant Address : Jalan Bukit Asam nomor 29 From hereinafter shall be referred to as --------- ------------------------------------ Petitioner I; 2. Name : Rita Hendrawaty Soebagio, M.Si Occupation : Private Employee Address : Kencana Loka Block J-5/3 Sektor XII RT.004/RW.014, Rawabuntu Village, Serpong District, South Tangerang City; From hereinafter shall be referred to as --------- ----------------------------------- Petitioner II; 3. Name : Dr. Dinar Dewi Kania Occupation : Private Employee/Lecturer Address : Jalan Tanjung 15 Block E Number 5 RT.007/RW.002, West Tanjung Village, Jagakarsa District, South Jakarta City; From hereinafter shall be referred to as --------- ---------------------------------- Petitioner III; 4. Name : Dr. Sitaresmi Sulistyawati Soekanto Occupation : Housewife/Lecturer at University of Indonesia Address : Komplek Timah Block CC Number 30 RT.005/RW.012, Kelapa Dua Village, Cimanggis District, Depok City; From hereinafter shall be referred to as --------- ----------------------------------- Petitioner IV; 5. Name : Nurul Hidayati Kusumahastuti Ubaya, S.S., MBA Occupation : Housewife Address : Jalan Parkit RT.004/RW.001, Sawah Besar Village, Ciputat District, South Tangerang City; From hereinafter shall be referred to as --------- ------------------------------------ Petitioner V; 6. Name : Dr. Sabriaty Aziz Occupation : Housewife Address : Jalan Kalimulya RT.001/RW.005 Kalimulya Village, Cilodong District, Hidayatullah Pesantren Complex Depok City; From hereinafter shall be referred to as --------- ----------------------------------- Petitioner VI; 7. Name : Fithra Faisal Hastiadi, S.E., M.A., M.Sc., Ph.D. Occupation : Lecturer Address : Jalan Taman Buaran Indah III Block A3/15 RT.002/RW.012 Klender Village, Duren Sawit District, East Jakarta City; From hereinafter shall be referred to as --------- ---------------------------------- Petitioner VII; 8. Name : Dr. Tiar Anwar Bachtiar, S.S., M.Hum Occupation : Lecturer at UIKA Bogor Post-Graduate Address : Kampung Cikubang RT.002/RW.005, Citali Village, Pamulihan District, Sumedang Regency; From hereinafter shall be referred to as --------- --------------------------------- Petitioner VIII; 9. Name : Sri Vira Chandra D, S.S., MA Occupation : Housewife Address : Kalibata Baru Complex C6 RT.013/ RW.006 Rawajati Village, Pancoran District, South Jakarta City; From hereinafter shall be referred to as --------- ----------------------------------- Petitioner IX; 10. Name : Qurrata Ayuni, S.H. Occupation : Housewife Address : Timah Complex Block CC Number 33 RT.005/RW.012, Kelapa Dua Village, Cimanggis District, Depok City From hereinafter shall be referred to as --------- ------------------------------------ Petitioner X; 11. Name : Akmal Sjafril, S.T., M.Pd. I Occupation : Private Employee Address : Villa Bogor Indah Block HH1 Number 19, Ciparigi Village, North Bogor District, Bogor City; From hereinafter shall be referred to as --------- ----------------------------------- Petitioner XI; 12. Name : Dhona El Furqon Occupation : Private Employee Address : Cendana Residence Block C1/19 RT.008/ RW.004, Serua Village, Ciputat District, South Tangerang City; From hereinafter shall be referred to as --------- ---------------------------------- Petitioner XII; In this matter, under Special Letter of Attorney dated 29 March 2016 grant full power to Evi Risna Yanti, S.H. M.Kn., Feizal Syahmenan, S.H. M.H., Ahmad Wirawan Adnan, S.H., Aristya Kusuma Dewi, S.H., Guntur Fattahillah, S.H., Zubaidah, S.H. M.Kn., M. Mahendradatta, S.H., M.A., M.H., Ph.D., M. Andrian Kamil, S.H., M.H., Arah Madani, S.H., Anggi Aribowo, S.H., Ahmad Kamaludin, S.H., Ahid Syaroni, S.H., Aldwin Rahadian, S.H., M.H., Aulia Rahman, S.H., Basrizal, S.H., Busyraa Nasution, S.H., Dedy Ikhsan, S.H., Khairul Anwar Hasibuan, S.H., Fauzul Abrar, S.H., Firman Hidayat, S.H., Freddy Andreas Caesar, S.H., Heru S. Nuswanto, S.H., Ismail Nganggon, S.H., Deviyanti Dwiningsih, S.H., M.H., Liza Elfitri, S.H., M.H., M. Luthfie Hakim, S.H., M.H., M. Rozaq Asyhari, S.H., M.H., M. Ridwan, S.H., Nurul Amalia, S.H., M. Rizqy Azmi, S.H., M.H., R. Hikmat Prihadi, S.H., Sabarudin, S.H., M.Kn, Sidik Effendi, S.H. M.H., Tulus Wahjuono, S.H., M.H., Asri Hayat Saputra, S.H., M.H., and Widi Kartika, S.H., M.H., the Attorneys and Legal Aid Services whether to acting collectively or solely, having their domicile/office in Law Firm & Lawyer “Advocacy Team for Civilized Indonesia” having its address in Ciputat Indah Permai Office Complex Block D 28, Jalan Juanda Number 50, Ciputat District, South Tangerang City, whether acted solely or collectively on behalf of the authorized; From hereinafter shall be referred to as ----- the Applicants; [1.2] To read the motion of the Applicants; To hear the statement of the Applicants; To hear and to read the statement of the President; To read the statement of the House of Representative; To hear the statement of the Indirectly Related Party of National Commission on Violence Against Women; Institute for Criminal Justice Reform (ICJR); Indonesian Women’s Coalition; Friend Care Foundation; Islamic Wife United (Persistri); Indonesian Legal Aid Foundation (YLBHI): and Indonesian Ulema Council (MUI); To read the statement ad informandum of Abi Marutama and Independent Youth Alliance To hear the expert witness of the Applicants; To hear the expert witness of the Related-Parties; To examine the evidences of the parties; To read the conclusion of the parties. 2. PRINCIPAL CASE [2.1] Considering that the Applicants filed a motion dated 19 April 2016 which was accepted in the Indonesia’s Constitutional Court’s Registrar Office (from hereinafter shall be referred to as the Court’s Registrar Office) on 21 April 2016 pursuant to Motion File Acceptance Deed Number 94/PAN.MK/2016 and had been recorded in the Constitutional’s Book of Case Register on 24 May 2016 with Number 46/PUU-XIV/2016, which had been revised with the motion revision dated 20 June 2016 and had been accepted in the Court’s Registrar Office on 20 June 2016, which in substance outlined the following items: I. AUTHORITY OF INDONESIA’S CONSTITUTIONAL COURT 1. Amendment to the Constitution of the Republic of Indonesia had formed a new institution which functioned to guard the constitution, namely Indonesia’s Constitutional Court, from hereinafter shall be referred to as “MK”, as stipulated in Article 7B, Article 24 verse (1) and verse (2), as well as Article 24C of the Constitution of the Republic of Indonesia and governed further in detail in Law Number 24 Year 2003 concerning Indonesia’s Constitutional Court as had been amended with Law Number 8 Year 2011 concerning Amendment To Law Number 24 Year 2003 concerning Indonesia’s Constitutional Court (State Gazette Year 2011 Number 70, Supplement to State Gazette Number 5266), from hereinafter shall be referred to as “MK Law”. 2. Whereas one of the authorities held by MK was to conduct review of laws against the constitution as stipulated in Article 24C verse (1) of the Constitution of the Republic of Indonesia which stated, “The Constitutional Court shall have the authority to make final decisions in cases of first and last instance handling the review of laws against the Constitution…” 3. Further, Article 10 verse (1) letter a of the MK Law stated, “The Constitutional Court holds jurisdiction of first and final instance, whose decisions shall be final: to review a law against the Constitution of the Republic of Indonesia, …” Article 29 verse (1) of Law Number 48 Year 2009 concerning Judicial Power Justice (State Gazette Year 2009 Number 157, Supplement to State Gazette Number 5076), from hereinafter shall be referred to as “KK Law” stated: “The Constitutional Court shall have the authority to make final decisions in cases of first and last instance to: a. review laws against the Constitution of the Republic of Indonesia” 4. Whereas referring to the provisions above, MK had the authority to perform constitutionality review of a Law against the Constitution. 5. Whereas in this matter, the Appellants pleaded for MK to perform constitutionality review of Article 284 of the Indonesian Criminal Code verse (1), (2), (3), (4), (5), Article 285 of the Indonesian Criminal Code and Article 292 of the Indonesian Criminal Code (evidence P-2) which stated; a. Article 284 verse (1), (2), (3), (4), (5) of the Indonesian Criminal Code Article 284 verse (1) number 1.a of the Indonesian Criminal Code along the phrase ‘married man’ and phrase ‘who knowing that Article 27 of the Civil Code is applicable to him’ was contradictory against the Constitution of the Republic of Indonesia and did not have a legal force; hence it should be read as “any man who commits adultery”. Article 284 verse (1) number 1.b. along the phrase ‘any married woman’ was contradictory against the Constitution of the Republic of Indonesia and did not have a legal force; hence it should be read as “any woman who commits adultery”. Article 284 verse (1) number 2.a. along the phrase ‘knowing that the guilty co-partner is married’ was contradictory against the Constitution of the Republic of Indonesia and did not have a legal force; hence it should be read as: “2.a. any man who participated in committing such act”. Article 284 verse (1) number 2.b. along the phrase ‘any unmarried woman’ and the phrase ‘knowing that the guilty co-partner is married and that Article 27 of the Civil Code is applicable to him’ was contradictory against the Constitution of the Republic of Indonesia and did not have a legal force; hence it should be read as: 2 b.