Constitutional Court Amends Article 21 of Corruption Law on Obstruction of Justice; KPK's Response

Jakarta – The Anti-Corruption Commission (KPK) has stated that it respects the Constitutional Court’s (MK) decision to amend the wording of an article concerning obstruction of legal processes or obstruction of justice (OOJ).

The article in question is Article 21 of Law No. 31 of 1999 on the Eradication of Corruption Crimes, as amended by Law No. 20 of 2001 (the Corruption Law).

“The KPK naturally respects the Constitutional Court’s decision as the highest judicial institution with constitutional authority to review laws against the 1945 Constitution of the Republic of Indonesia,” said KPK Spokesperson Budi Prasetyo to journalists in Jakarta on Monday.

Furthermore, Budi stated that the KPK understands the Constitutional Court’s consideration that the phrase “directly or indirectly” in Article 21 of the Corruption Law potentially gives rise to varied interpretations and opens broad room for interpretation.

For this reason, he viewed the Constitutional Court’s decision to remove the phrase as part of efforts to guarantee the principle of lex certa, or legal certainty, in the enforcement of criminal law.

Meanwhile, he stated that the KPK reaffirmed its commitment to performing its duties and authorities in accordance with applicable and final legal provisions.

The KPK, Budi said, views the Constitutional Court’s decision as an important instrument in the legal system that guides law enforcement officials to interpret and apply criminal norms correctly, proportionally, and consistently.

“Accordingly, the KPK will continue to perform its anti-corruption function whilst respecting the principles of legality, legal certainty, and protection of the constitutional rights of the public,” he said, ensuring the KPK would continue to implement the Constitutional Court’s latest decision.

Previously, the Constitutional Court amended Article 21 of the Corruption Law through Decision No. 71/PUU-XXIII/2025.

In that decision, the Constitutional Court stated that the phrase “directly or indirectly” in Article 21 of the Corruption Law contradicts the Constitution and has no binding legal force.

In the legal considerations section, the Constitutional Court deemed the phrase potentially gives rise to excessive criminalisation, thereby causing legal uncertainty and arbitrary action.

The Constitutional Court subsequently held that the phrase could potentially be used to ensnare anyone deemed to obstruct the legal process by law enforcement officials, or was considered vague.