DUI Attorney or Driving under the influence of alcohol and drugs (driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs, is the act of operating a motor vehicle (and even a bicycle, boat, airplane or horse in selected jurisdictions) after having consumed alcohol, to the degree that mental and motor skills are impaired. It is a criminal offense in most countries around the world.
In respect of the aforementioned arguments of the Petitioners, it is necessary to first affirm that the three provisions petitioned for review may not be read and understood severally and separately from the context of the entire provisions in the KKR Law. Therefore, in evaluating the constitutionality of the provisions of the KKR Law petitioned for review, it is necessary to first state the following considerations:
1. whereas, as affirmed in Article 1 paragraph (3) of the 1945 Constitution, Indonesia is a law state, therefore appreciation, protection, and and fulfilment of human rights are the attached requirements that cannot be ignored;
2. whereas appreciation, protection, and fulfilment of human rights are proven not only from the separate regulation of the chapter on human rights in the 1945 Constitution (Chapter XA) and the promulgation of a number of laws regulating human rights related to the efforts of appreciation, protection, and fulfilment of human rights, but also from the ratification of international legal instruments related to human rights;
3. Whereas in the implementation at the national level, two opinions or interpretation with respect to provisions of various international law’s instruments concerning gross violation of human rights have developed, namely:
-first, opinion stating that amnesty is not applicable to perpetrators of gross violation of human rights;
-second, opinion stating that clauses in a number of international law’s instruments providing freedom for the implementation.