Indonesian Political, Business & Finance News

Constitutional Court to Deliver 13 Material Test Rulings Today, from ITE Law to Criminal Code

| | Source: MEDIA_INDONESIA Translated from Indonesian | Legal
Constitutional Court to Deliver 13 Material Test Rulings Today, from ITE Law to Criminal Code
Image: MEDIA_INDONESIA

The Constitutional Court (MK) is scheduled to deliver 13 rulings on material challenges to laws on Monday (25 May) afternoon. The cases include reviews of the Electronic Information and Transactions (ITE) Law, the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and the Personal Data Protection Law. According to the court’s official schedule, the rulings will be read out at 2:00 PM WIB. One of the key cases is the material review of Article 27A of the 2008 ITE Law in case number 163/PUU-XXIV/2026, filed by Malik Fahad. The applicant requests the MK to interpret the article so it cannot be used to prosecute those expressing criticism in the public interest. The applicant argues that Article 27A of the ITE Law ‘does not have binding legal force unless interpreted to mean that acts done for public interest, self-defence, or criticism of public policy do not constitute defamation.’ Additionally, the MK will deliver a ruling on case 161/PUU-XXIV/2026, filed by Lintang Dwi Ramadhani regarding Article 27(3) of the ITE Law. Both cases have only undergone preliminary examination. The MK is also scheduled to read the ruling on case 144/PUU-XXIV/2026, filed by Deny Syahputra and Heru Isdaryadi regarding a constitutional complaint. This case has only undergone two hearings: preliminary examination and amendment of the petition. Other cases being ruled on today relate to the review of Law No. 37 of 2004 on Bankruptcy and Debt Repayment Suspension. These include case 85/PUU-XXIV/2026 filed by Henoch Thomas et al., case 14/PUU-XXIV/2026 by Albert Riyadi Suwono, and case 181/PUU-XXIV/2026 filed by Sandi Ebenezer Situngkir. For case 14/PUU-XXIV/2026, the MK previously heard testimony from the government, DPR RI, and government experts. The applicant also challenged Law No. 6 of 1983 on General Provisions and Taxation Procedures, last amended by Law No. 7 of 2021 on Tax Regulation Harmonisation. Meanwhile, case 133/PUU-XXIV/2026, filed by Fairuz Najwa Sahara Tanjung regarding the Personal Data Protection Law, is also on today’s agenda. This case has only reached the petition amendment stage. The MK will also deliver rulings on case 128/PUU-XXIV/2026, filed by Fatati Nailul Munadia regarding the Election Law, and case 134/PUU-XXIV/2026, concerning the Aviation Law challenged by Tommy Hasanuddin Gurning. Additionally, cases 137/PUU-XXIV/2026 and 154/PUU-XXIV/2026 regarding the review of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP) are scheduled. These were filed by Ingrid Tanama and nine other applicants, and Tri Wahyu Budi Santoso respectively. In the same agenda, the MK will deliver a ruling on case 135/PUU-XXIV/2026, filed by Sri Wahyuni regarding the review of Law No. 1 of 2023 on the Criminal Code (KUHP). The applicant highlighted the overly broad phrase in Article 609(1) of the KUHP. The applicant argues that the phrase ‘any person who without right possesses, stores, controls, or provides’ is too broad and could lead to multiple interpretations. Lastly, the MK will read the ruling on case 136/PUU-XXIV/2026 regarding the review of Law No. 18 of 2003 on Advocates, filed by Sandi Silvia. Before the rulings are delivered, the MK will hold a hearing for related parties at 10:30 AM WIB for the material review of the Teacher and Lecturer Law, filed by Ketut Aswana and Isman Rahmani Yusron. Following this, the MK will continue with petition amendments for cases involving the Criminal Procedure Code, Marriage Law, and State Treasury Law. Giri Ramanda Kiemas, a member of DPR RI’s Commission II, reminded the government not to weaken its commitment to building the new capital, Ibu Kota Nusantara (IKN), following the Constitutional Court’s ruling. Collaboration between judicial institutions and universities is increasingly important for strengthening constitutional understanding in Indonesia. Barisan Rakyat Cinta TNI (BRCT) held a protest outside the Constitutional Court in Jakarta on Wednesday (22 April). The MK responded to calls for speeding up rulings on the Military Law regarding general jurisdiction for soldiers. The MK ordered the DPR and government to revise the State Officials Pension Law within two years. All MK rulings are final, binding (binding precedent), and applicable to all parties (erga omnes). MK rulings have significant implications for Indonesia’s democratic roadmap. The government and MK are collaborating to map reasons for stalled enforcement of legal rulings, with non-compliance reaching 20%. The MK proposed a Constitutional Compliance Index to measure government adherence to final rulings. Fajar Laksono highlighted that 20% of rulings remain unexecuted. This learning process also includes adjustments and optimisation of the Forensic Accounting (AF) function at the Corruption Eradication Commission (KPK), which previously played a role in calculating state losses.

View JSON | Print