"The summons and indictment were sent on Friday," Hasan Basri`s lawyer Roni Sekedang said in Jakarta Sunday.
Roni said Hasan Basri has been sentenced to five years in jail for the corruption of an environmental impact analysis (Amdal).
Roni said copies of the summons and indictment have already been sent to President Susilo Bambang Yudhoyono and commission III of the House of Representatives for legal affairs.
Hasan Basri`s lawyers said the minister of legal and human rights affairs has obstructed the rights of every condemned person for a remission and conditional exemption under Law No 12 of 1995 on correctional institutions.
Roni said his client was supposed to be conditionally freed on January 10, 2012, because he has carried out one third of his prison term on August 18, 2011, and carried out an additional five months substitute term.
But several days after a change of position of the minister of legal and human rights affairs from Partrialis Akbar to Amir Syamsudin, the new official issued Decision No M.HH-16.PK.01.05.04 dated November 1, 2011, on conditional freedom which has yet to be carried out.
Roni said the decision of November 16, 2011 was supposed to follow a legal regulation of higher level, because a conditional exemption is still referring to Presidential Regulation No 28 of 2006 on amendment to government regulation No 32 of 1999 on conditions and order of the rights of people for community guidance and legal and human rights ministerial regulation No M.01.PK.04-10 of 2007 on conditions and order of assimilation, conditional freedom, leave pending freedom, and conditional leave.
The decision issued by Amir Syamsudin may also cancel Hasan Basri`s rights for conditional exemption issued by the minister of legal and human rights affairs whose position was previously held by Patrialis Akbar under decision of the minister of legal and human rights affairs no PAS-81.PK.01.05.06 of 2011 on conditional exemption which has yet to be implemented.
Roni said the decision issued by Amir Syamsudin is retroactively effective, while actually must be effective for those who have not enjoyed a conditional exemption.
"Whereas our client, Hasan Basri, has already carried out the conditional exemption," Roni said.
Roni said Hasan Basri`s revocation of his right for conditional exemption was against existing procedures, because it has been filed not from below, namely correctional facility, East Kalimantan legal and human rights affairs regional office, and Directorate General of Correctional Facilities, and not based on decision of the minister of legal and human rights affairs no 01.PK.04.10 of 2007.
Hasan Basri and his lawyers gave three days for an answer from Amir Syamsudin on the summons, and unless there is a reaction, the lawyers of the condemned corrupter will file a case by way of the State Administrative Court (PTUN) against the decision signed by the minister of legal and human rights affairs.
(Uu.T014/H-NG/S012)
Editor: Priyambodo RH
Copyright © ANTARA 2012
