Constitutional Court Rejects Test Case, Roy Suryo and Tifa to File Again without Rismon

Roy Suryo and Tifauzia Tyassuma intend to resubmit a constitutional test case to the Constitutional Court (MK).

This follows the rejection of their previous petition, filed jointly with Rismon Sianipar, challenging several articles within Law Number 1 of 2023 on the Criminal Code and Law Number 1 of 2024 amending the Information and Electronic Transactions Law (ITE Law).

“As far as the legal language is concerned, I am leaving it entirely to the experts. Since the court said this cannot be accepted, there is no harm in resubmitting with perhaps more forceful language,” Roy told journalists at the Constitutional Court building in Jakarta on Monday, 16 March.

Refly Harun, legal counsel for Roy and Tifa, stated that this time they would submit the petition with only two principal petitioners: Roy Suryo and Tifa. Rismon is excluded because he has pursued a restorative justice approach regarding the matter.

“Since Rismon filed for restorative justice and went to Solo under strict police escort, we have decided not to continue as Rismon’s legal counsel or legal advisers. And as it happens, Mr Roy and Doctor Tifa as principals have withdrawn their mandate from Bala RRT. So Bala RRT has been dissolved and a new entity has been formed called Troya – Tifa-Roy’s Advocates,” Refly explained.

“So if we want to resubmit, of course we will do so with only these two individuals,” he added.

The previous petition, registered as case number 50/PUU-XXIV/2026, was filed by Tifauzia Tyassuma, Roy Suryo Notodiprojo, and Rismon Hasiholan. They challenged several articles in the Criminal Code and ITE Law they deemed unconstitutional.

The challenged articles included Paragraphs 310(1) and 311(1) of the Criminal Code, and Paragraphs 433(1) and 434(1) in the new Criminal Code. Additionally, the petitioners challenged Paragraphs 27A, 28(2), 32(1) and (2), and 35 of the ITE Law.

In its ruling read during the judgment hearing on case number 50/PUU-XXIV/2026 at the Constitutional Court building in Central Jakarta on Monday, 16 March, the petition by Roy Suryo, Tifauzia Tyassuma, and Rismon Sianipar was declared inadmissible.

The Court concluded that the petition was unclear or ambiguous. Although the Constitutional Court declared itself competent to examine the case, the petition failed to meet the required clarity standards, so the Court did not proceed with substantive examination of the matter.