Badung, 7th December 2022

Regarding : Legal Opinion

Dear :

Mr. EMMANUEL ALAIN PASCAL (Klien)

Yours faithfully,

The undersigned below :

I NGURAH GEDE DWIPAYANA, S.H.

Hereby provide a Legal Opinion regarding the Plan to Submit a second Judicial Review
Application on the first Judicial Review Decision with the following case positions:

1. Whereas previously the client was sentenced by the Denpasar District Court
Judge for the case of sexual abuse with a criminal penalty of 8 (eight) years in
prison;
2. Whereas on the First Decision, the client made a legal effort for Judicial Review
(PK) which was filed through the Denpasar District Court but the Client
withdrew the PK Application;
3. Whereas the Client again filed a PK (second) application through the Denpasar
District Court manually but was rejected by the Panel of Judges of the Supreme
Court based on the PK Decision;
4. Whereas upon the rejection of the first (revoked) and second (rejected) PK
applications by the Panel of Judges of the Supreme Court, the client wishes to
submit a third application for judicial review;

Whereas based on the above, I as an Advocate provide a Legal Opinion to the Law of
the Republic of Indonesia as follows :

1. Whereas initially the legal basis for judicial review was based on Law Number 8
of 1981 concerning Criminal Procedure law Article 268 paragraph (3) which
reads: "Request for judicial review of a decision can only be made once", but
based on the Constitutional Court Decision Number 34/PUU-XI/2013 whose
ruling stated that Law Number 8 of 1981 concerning criminal procedure law
Article 268 paragraph (3) was contrary to the 1945 Constitution of the Republic
of Indonesia.
2. Based on this, I can say that the Client's desire to submit a second Judicial Review
can be based on the Constitutional Court Decision Number 34/PUU-XI/2013
which is used as Jurisprudence to submit a second Judicial Review, based on the
discovery of new evidence (Novum) as a reason for submitting a second judicial
review.
3. Whereas if the Client wants to submit a judicial review, it can be done as long
as it has a novum and strong reasons for submitting a judicial review again.
4. Whereas in accordance with the principle of justice in Indonesia, Ius Curia
Novit/Curia Novit Jus, it means that judges are deemed to know all laws, so
that the Court may not refuse to examine and hear cases.
 5. Whereas the acceptance or rejection of the request for review really depends
on the reason for the review and the novum owned by the Client and based on
many factors.

For noted :

At this time, I have not received a copy of the Denpasar District Court decision, related
evidence and a copy of the judicial review decision, so I need all the documents and
need operational costs to get the document.

Thus this Legal Opinion is made so that it can be used properly.

Best Regards,

I NGURAH GEDE DWIPAYANA, S.H.