Jakarta \u2014 The Corruption Eradication Commission (KPK) has stated its\nrespect for the Constitutional Court (MK) which in its ruling modified\nthe wording of an article concerning obstruction of justice (OOJ).<\/p>\n
The article in question is Article 21 of Law Number 31 of 1999 on the\nEradication of Corruption Offences as amended by Law Number 20 of 2001\n(Anti-Corruption Law).<\/p>\n
\u201cThe KPK naturally respects the Constitutional Court\u2019s decision as\nthe highest judicial institution with constitutional authority to review\nlegislation against the 1945 Constitution of the Republic of Indonesia,\u201d\nsaid KPK Spokesman Budi Prasetyo to journalists in Jakarta on\nMonday.<\/p>\n
Furthermore, Budi stated that the KPK understands the Constitutional\nCourt\u2019s reasoning that the phrase \u201cdirectly or indirectly\u201d in Article 21\nof the Anti-Corruption Law has the potential to create varied\ninterpretations and opens wide space for divergent legal\ninterpretations.<\/p>\n
For this reason, he considered the Constitutional Court\u2019s decision to\nremove the phrase as part of efforts to guarantee the principle of lex\ncerta or legal certainty in criminal law enforcement.<\/p>\n
Meanwhile, he stated that the KPK reaffirmed its commitment to carry\nout its duties and authorities in accordance with legally and finally\napplicable legislation.<\/p>\n
The KPK, Budi said, views the Constitutional Court\u2019s decision as an\nimportant instrument in the legal order that guides law enforcement\nofficials to interpret and apply criminal norms correctly,\nproportionally, and consistently.<\/p>\n
\u201cWith this, the KPK will continue to carry out its corruption\neradication function whilst respecting the principles of legality, legal\ncertainty, and protection of the constitutional rights of society,\u201d he\nassured that the KPK will continue to implement the latest\nConstitutional Court ruling.<\/p>\n
Previously, the Constitutional Court amended Article 21 of the\nAnti-Corruption Law through Decision Number 71\/PUU-XXIII\/2025.<\/p>\n
In that decision, the Constitutional Court stated that the phrase\n\u201cdirectly or indirectly\u201d in Article 21 of the Anti-Corruption Law\nconflicts with the constitution and has no binding legal force.<\/p>\n
In its legal reasoning, the Constitutional Court found that the\nphrase had the potential to create excessive criminalisation, thus\nrisking legal uncertainty and arbitrariness.<\/p>\n
The Constitutional Court then concluded that the phrase could\npotentially be used to ensnare anyone deemed by law enforcement to be\nobstructing the legal process, or was described as overly broad.<\/p>\n
Additionally, the Constitutional Court referred to Article 25 of the\nUnited Nations Convention Against Corruption (UNCAC), which does not\ninclude the phrase \u201cdirectly or indirectly\u201d. Furthermore, the new\nCriminal Code also does not include the phrase.<\/p>\n
Therefore, according to the Constitutional Court, so long as any\nperson deliberately prevents, obstructs, or sabotages the legal process,\nwhether at the investigation, prosecution, or court examination stage\nagainst suspects and defendants or witnesses in corruption cases, they\nmay be prosecuted under Article 21 of the Anti-Corruption Law.<\/p>\n
Before the ruling, Article 21 of the Anti-Corruption Law read: \u201cAny\nperson who deliberately prevents, obstructs, or sabotages directly or\nindirectly the investigation, prosecution, and court examination against\nsuspects and defendants or witnesses in corruption cases, shall be\npunished with imprisonment of at least 3 years and at most 12 years\nand\/or a fine of at least Rp150,000,000 and at most Rp600,000,000.\u201d<\/p>\n
After the ruling, Article 21 of the Anti-Corruption Law reads: \u201cAny\nperson who deliberately prevents, obstructs, or sabotages the\ninvestigation, prosecution, and court examination against suspects and\ndefendants or witnesses in corruption cases, shall be punished with\nimprisonment of at least 3 years and at most 12 years and\/or a fine of\nat least Rp150,000,000 and at most Rp600,000,000.\u201d<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/kpk-respects-constitutional-court-ruling-amending-obstruction-of-justice-provisions-1772459918", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }