Clause Allegedly Revived in New Criminal Code Despite Constitutional Court Ruling It Contradicts the 1945 Constitution

Constitutional Court Justice Saldi Isra stated that a provision declared unconstitutional has been revived through the Criminal Code (KUHP) Law No. 1 of 2023. This was mentioned by Saldi Isra during a hearing for six cases testing the material of the KUHP, held on Monday (13/4/2026). Saldi said there is a petition requesting the Constitutional Court to annul articles that were previously declared contrary to the 1945 Constitution but have reappeared in the new KUHP. “The Court has already ruled on this before, yet it has been revived by the lawmakers,” Saldi said. Arsul stated that in the lawsuit for case 27/PUU-XXIII/2025, it is requested that Articles 237(b) and (c) be declared unconstitutional. The reason is that these articles contain norms identical to those in Article 69(c) of Law No. 24 of 2009 on the National Symbols, Flag, Language, and Emblem. Kompas.com’s investigation reveals that in the new KUHP, Articles 237(b) and (c) relate to the use of national symbols. The wording of the articles is as follows: Anyone who: b. creates a symbol for an individual, political party, association, organisation, and/or company that is the same or resembles the national symbol; or shall be punished with a fine of up to category II. Meanwhile, Article 69 of Law No. 24 of 2009, which was declared unconstitutional by the Constitutional Court, states: Anyone who: b. creates a symbol for an individual, political party, association, organisation, and/or company that is the same or resembles the national symbol; or c. intentionally uses the national symbol for purposes other than those regulated in this law shall be punished with imprisonment of up to one year or a fine of up to one hundred million rupiah.