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Bandung –
The Bandung State Administrative Court (PTUN) panel of judges granted Habib Bahar bin Smith’s claim regarding the decision to revoke assimilation. The judge declared void the decision letter that served as the basis for the revocation of the assimilation.
In this lawsuit, Bahar acted as part of the plaintiffs, while the Bogor Correctional Center was always the defendant. The verdict hearing was held at Bandung Administrative Court, Jalan Diponegoro, Bandung City, on Monday (12/10/2020).
“Judging, in an exception, completely rejecting the defendant’s exception. Judging on the subject of the dispute granted the plaintiff’s claim in its entirety,” Bandung Administrative Court Council Chairman Faisal Zad said in a judgment that It was also held online through the Bandung PTUN YouTube account.
In the verdict, the judge indicated that the decision letter of the Chief of Bapas Class 2 Bogor was the number W11.pas.pas.33.pk.01.05.02-1987 dated May 18, 2020, which was the basis for the revocation of assimilation made by the Chief of Cibinong with letter number W11.pas. pas.11.pk.01.04-1473 is not valid.
“Demand the accused to revoke the decision of the Head of Bapas class 2 Bogor number W11.pas.pas.33.pk.01.05.02-1987 dated May 18, 2020 regarding the revocation of the decision letter of the Head of Bogor Class 2 prison, “said the judge.
In his consideration, the judge declared illegal the decision to revoke the assimilation of Bahar to Bogor Bapas, the subject of the dispute. According to the judge, the decision letter should have been delivered to Bahar and his family during the collection.
“Considering that the object of the dispute was never transmitted to the plaintiff and the plaintiff’s family. The subject of the dispute was used as the basis for revoking the assimilation of the prisoners / children. Considering that the decision letter of the Head of Headquarters of Cibinong was not transmitted to the plaintiff, although it was presented but not read directly at the time of withdrawal. However, the assimilation was only transmitted that it was revoked.
“Considering the previous legal facts with related objects, the panel of judges evaluated that because in reality the object of the controversy was the basis of number W11.pas.pas.33.pk.01.05.02-1987 dated May 18, 2020, while the defendant did not present the object of the controversy or consequently. Mandate in accordance with article 60 paragraph 1 regarding the administration of the government, considering that because the defendant’s exception was rejected, he completely rejected the exception of the accused, “he continued.
Previously, Habib Bahar, through his lawyer, filed a lawsuit in the Bandung State Administrative Court (PTUN). A lawsuit was filed for the cancellation of the assimilation program carried out by the Bogor Correctional Center (Bapas). The application is listed as case number 73 / G / 2020 / PTUN-BDG
Bahar himself received assimilation according to Permenkum HAM number 10 of 2020 on assimilation during the COVID-19 pandemic. However, after a few days, Bahar’s assimilation was reversed and Bahar was again imprisoned. In fact, Bahar is currently being transferred to Nusakambangan Prison.
(dir / mso)
