Constitutional Court Rejects Legal Challenge to New Criminal Procedure Law from May Day Protest Suspects
Indonesia’s Constitutional Court (MK) has declared it cannot accept Petition No. 54/PUU-XXIV/2026 concerning a judicial review of Articles 5(1)(b) and (e) and Article 79(8)(a) of Law Number 20 of 2025 on the Criminal Procedure Code (KUHAP).
The petitioners, including two individuals who claim to be victims of criminalisation designated as suspects during the Labour Day (May Day) protests on 1 May 2025, were found to lack legal standing to submit the challenge to the new KUHAP.
“There is no doubt for the Court to declare that the petitioners do not have legal standing to file these petitions,” said Constitutional Court Deputy Chairman Saldi Isra, reading out the court’s legal reasoning in Decision Number 54/PUU-XXIV/2026 on Monday, 16 March 2026 in the Court’s Plenary Hearing Room in Jakarta.
Saldi explained that the criminal investigation into the charges against Petitioner I and Petitioner II commenced before the enactment of Law 20/2025 (the new KUHAP) and therefore the investigation was completed using Law 8/1981 (the old procedure law).
Based on the evidence presented, the alleged violation of constitutional rights arising from the application of Articles 5(1)(b) and (e) and Article 79(8)(a) of the new Law 20/2025 would only be experienced by Petitioner I and Petitioner II if the investigation proceeded under Law 20/2025.
Petitioner I is Cho Yong Gi, an active student in the Philosophy programme at the Faculty of Cultural Sciences, University of Indonesia. Petitioner II is Jorgiana Augustine, an active student in the Master’s programme in Legal Studies at the Faculty of Law, Gadjah Mada University.
The suspect status places both individuals as direct subjects of state coercive authority, who at any time may be detained, have their case files transferred forward, or face prosecution. Consequently, their personal freedom, sense of security, and legal certainty have been and continue to be under threat.
With the investigation still ongoing and the possibility of the case being transferred to prosecution proceedings, the petitioners will directly and actually be subject to the provisions of the new KUHAP in the continuation of their investigation, detention, prosecution, evidence gathering, and court proceedings.
Both describe themselves as activists advocating for civil liberties and ensuring respect for human rights principles through various discussion forums, written articles, and media interviews.
During the Labour Day action, both served as paramedics. However, they claim to have experienced torture, unlawful searches, forced seizure of property, harassment, beating, gang assault, and violence under the pretext of disobeying lawful authorities. They were designated as suspects from 23 May 2025 onwards.