In a controversial move, the Supreme Court has moved to limit the availability of reconsideration appeals in criminal proceedings.
The Supreme Court issued circular No. 7 of 2014, which prohibits filing of more than one reconsideration appeal, on 31 December 2014.
This was a controversial move, because the circular reversed a recent Constitutional Court decision (No. 34/PUU-XI/2013 of 6 March 2014). In those proceedings the Constitutional Court decided to strike out a provision of the Criminal Code (article 268(3) of the KUHAP) that limited the availability of reconsideration appeals to one. That was a high profile case, instituted by ex-Chair of the Corruption Eradication Commission (KPK), Antasari Azhar. And the Constitutional Court is a highly regarded judicial institution, despite some recent controversy over its former Chief Justice (see here).
The debate rages on over whether multiple reconsideration appeals should be allowed. Hukum Online reports that those in favour of limiting access to the appeal procedure argue that the judicial system will benefit from legal certainty. And those against advocate for access to justice and the need to accommodate cases where new evidence is found after a reconsideration appeal (see here). Others may wonder why such a fundamental change to justice system was introduced by a Supreme Court circular.
Whether or not more than one reconsideration appeal is allowed in civil proceedings is a grey area, and subject to a similar debate. But Supreme Court circular No. 7 of 2014 applies only to criminal proceedings.
