Constitutional Court Hears Government Expert Testimony Regarding Criminal Code Judicial Review

Jakarta (ANTARA) - The Constitutional Court (MK) held a follow-up hearing for the judicial review of Law Number 1 of 2023 regarding the new Criminal Code (KUHP), with an agenda to hear expert testimony from the government on Tuesday.

This follow-up session pertains to six petitioners challenging the new Criminal Code. Petition number 27/PUU-XXIV/2026, filed by Astrid Dayani and others, seeks to review Article 237, letters b and c, regarding National Symbols.

Petition number 2..’29/PUU-XXIV/2026, filed by Zico Leonard Djagardo Simanjuntak, and number 26/PUU-XXIV/2026, filed by Bernita Matondang and others, challenge Article 264, arguing it contradicts the 1945 Constitution regarding insults to the President and Vice President.

Furthermore, petition number 280/PUU-XXIII/2025, filed by Susi Lestari, and number 282/PUU-XXIII/2025, filed by Tania Iskandar, concern Article 411, paragraph (2) of the new Criminal Code regarding adultery penalties, which is deemed to conflict with Article 28B of the 1945 Constitution.

In their legal arguments, the petitioners claim that certain groups are marginalised by Article 411, paragraph (2) because it creates a paradoxical and distressing situation, particularly for interfaith couples who are unable to marry due to existing legal restrictions. The petitioners argue that since the state simultaneously prevents interfaith marriage and punishes extramarital sexual relations, it creates a fundamental contradiction and violates the principle of legal justice.

Additionally, Article 114, paragraph (2) is considered to conflict with Article 27, paragraph (1) of the 1945 Constitution, as it creates a disparate reporting system depending on an individual’s marital status.

The sixth petitioner, number 275/XXIII/2025, filed by student Afifah Nabila Fitri, challenges Article 218, paragraphs (1) and (2) regarding insults to the President. All six petitioners are represented by legal counsel Priskila Oktaviani, who argues that the provisions regarding insults to the Head of State are remnants of colonial criminal law.

During the hearing, Constitutional Court Chief Suhartoyo enquired how many experts the government’s legal counsel intended to present. Government counsel Syahmardan stated that two experts would be brought forward.

Consequently, the session could not proceed further and is scheduled to reconvene on Tuesday, 9 June 2026, at 10:30 WIB.