Corruption Phrases Challenged at the Constitutional Court: From "Enriching Oneself" to "Harming the State"

JAKARTA, KOMPAS.com - Phrases in the corruption articles of the new Criminal Code (KUHP) are being challenged at the Constitutional Court (MK) for being deemed “sweeping clauses.”

Based on the explanation from the petitioners in the material review of Law Number 1 of 2023 on the new KUHP, the phrases contested at the MK are the following:

• Enriching oneself

• Benefiting oneself

• Harming state finances

The above phrases have the potential to turn the corruption articles in the KUHP into “sweeping clauses.”

“Hereby, the petitioners submit a request for material examination of the content of Article 603 and Article 604,” said Yani Rambe during the hearing at the MK on Wednesday (1/4/2026).

Article 603

Any person who unlawfully engages in acts of enriching themselves, others, or a corporation that harms state finances or the national economy shall be sentenced to life imprisonment or a prison term of at least 2 (two) years and at most 20 (twenty) years, and a fine of at least category II and at most category VI.

Article 604

Any person who, with the intent to benefit themselves, others, or a corporation, misuses authority, opportunity, or means available to them due to their position or office, thereby harming state finances or the national economy, shall be sentenced to life imprisonment or a prison term of at least 2 (two) years and at most 20 (twenty) years, and a fine of at least category II and at most category VI.

According to the petitioners, said Yani Rambe, Articles 603 and 604 of the KUHP have the potential to cause normative conflicts, both vertically and horizontally, and open opportunities for abuse by law enforcement officials.

The petitioners also assess that the phrases “benefiting oneself” and “enriching oneself” as well as “harming state finances” have the potential to make both articles “sweeping clauses.”