{
    "success": true,
    "data": {
        "id": 1724367,
        "msgid": "students-challenge-public-order-disturbance-phrase-in-police-law-at-constitutional-court-1778158506",
        "date": "2026-05-07 17:55:14",
        "title": "Students Challenge \"Public Order Disturbance\" Phrase in Police Law at Constitutional Court",
        "author": "Ardito Ramadhan",
        "source": "KOMPAS",
        "tags": "",
        "topic": "Legal",
        "summary": "Students from UIN Sunan Gunung Djati Bandung, led by Isma Maulana Ihsan, have filed a judicial review at the Constitutional Court against the phrase \"gangguan ketertiban\" in Article 14(1)(i) of the Indonesian National Police Law (UU Polri No. 2\/2002), arguing it is ambiguous and threatens citizens' rights to free speech and assembly. They contend that the vague terminology allows subjective interpretations by law enforcement, potentially criminalising peaceful protests, public discussions, and social media criticism of government policies. The petitioners seek a conditional declaration of unconstitutionality, urging the court to limit the phrase to genuine threats like violence or damage to public facilities, thereby protecting constitutional rights under Article 28E(3) of the 1945 Constitution.",
        "content": "<p>Students from UIN Sunan Gunung Djati Bandung, Isma Maulana Ihsan and\nothers, have submitted a material examination of Law No.\u00a02 of 2002 on\nthe Indonesian National Police (UU Polri) to the Constitutional Court\n(MK). In the petition numbered 155\/PUU-XXIV\/2026, the petitioners\nchallenge the phrase \u201cgangguan ketertiban\u201d in Article 14 paragraph (1)\nletter i of the UU Polri, deeming it multi-interpretable and threatening\ncitizens\u2019 rights to express opinions. \u201cThe petitioners consider that the\npresence of the phrase \u2018gangguan ketertiban\u2019 in Article 14 paragraph 1\nletter i and its explanation in Law No.\u00a02 of 2002 on the Republic of\nIndonesia Police has the potential to harm the constitutional rights of\nthe petitioners as affirmed in the 1945 Constitution of the Republic of\nIndonesia,\u201d said Isma during the hearing at the MK building in Jakarta\non Thursday (7\/5\/2026). Isma explained that as a student active in\npolicy advocacy and actions to express opinions, his constitutional\nrights are potentially harmed by the existence of the phrase \u2018gangguan\nketertiban\u2019 in that article. He assessed that the regulation does not\nprovide clear boundaries regarding what actions can be categorised as\ndisturbances to order. Meanwhile, the petitioners also argue that the\nphrase \u201cgangguan ketertiban\u201d in Article 15 paragraph 1 letter i of UU\n2\/2002 on the Republic of Indonesia Police is vague,\nmulti-interpretable, and does not meet the principle of legal certainty\nthat is just because it does not provide clear limits regarding what\nactions, conditions, or events can objectively be qualified as\ndisturbances to order. \u201cThe absence of such boundaries has the potential\nto cause subjective and excessive interpretations by law enforcement\nofficials, resulting in citizens\u2019 activities that are constitutional\nrights, including expressing opinions in public and on social media,\npeaceful gatherings, conducting public discussions, or criticising\ngovernment policies, being arbitrarily categorised as forms of\ndisturbance to order,\u201d he stated. In their petitum, the petitioners\nrequest that the MK declare the phrase \u201cgangguan ketertiban\u201d contrary to\nthe 1945 UUD NRI and without binding legal force conditionally\n(conditionally unconstitutional). The petitioners hope that the MK will\nprovide an interpretation that disturbances to order must be limited to\nactions that genuinely threaten state sovereignty, endanger lives or\ninvolve physical violence, damage property or seriously disrupt public\nfacilities, and not used against citizens exercising their rights to\nassemble and express opinions peacefully in accordance with Article 28E\nparagraph (3) of the 1945 UUD.<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/students-challenge-public-order-disturbance-phrase-in-police-law-at-constitutional-court-1778158506",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}