Defendant Challenges Criminal Code, Saldi Isra: Constitutional Court Not the Place to Test Court Rulings
JAKARTA, KOMPAS.com - Constitutional Court Justice Saldi Isra advised a petitioner challenging corruption articles in the new Criminal Code, who is a defendant in a corruption case.
“And remember, the Constitutional Court is not the place to test whether or not what has been decided by the judicial environment under the Supreme Court is correct,” Saldi emphasised during the material examination hearing of Law Number 1 of 2023 on the Criminal Code on Wednesday (1/4/2026).
The petitioner, named Ngarijan Salim, was represented by his legal counsel, Yani Rambe.
In the petition, Yani Rambe referred to the Supreme Court decision stating that his client had “enriched himself” in the corruption case.
“The concrete case of your client is at the Supreme Court, and if you are dissatisfied with the cassation decision, there are other remedies,” he explained.
The hearing then proceeded with the judge providing corrections to Ngarijan Salim’s petition.
Previously reported, an individual named Ngarijan Salim filed a material examination petition for Law Number 1 of 2023 on the Criminal Code (KUHP) at the Constitutional Court.
In the hearing presided over by Justice Saldi Isra on Wednesday (1/3/2026), the petitioner’s legal counsel, Muhammad Yani Rambe, stated that his client was challenging Article 603 and Article 604 of the KUHP.
Article 603 stipulates that any person who unlawfully enriches themselves, another person, or a corporation, thereby harming the state’s finances or economy, shall be sentenced to life imprisonment or a prison term of at least two years and at most 20 years, as well as a fine of at least category II and at most category VI.
Article 604 stipulates that any person who, with the intent to benefit themselves, another person, or a corporation, misuses authority, opportunity, or means due to their position or office, thereby harming the state’s finances or economy, shall face the same penalties.
Yani explained that the petitioner is an Indonesian citizen and owner of PT Al Ichwan Garment Factory, as well as a taxpayer.
The petitioner is accused of committing the criminal offence of interfering and manipulating the process of reducing the building area of PT Al Ichwan Garment Factory by intervening with officials and staff at the Deli Serdang Regency Revenue Agency.
The petitioner’s actions are alleged to violate Article 2 paragraph (1) in conjunction with Article 3 in conjunction with Article 18 of Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001, as well as in conjunction with Article 55 paragraph (1) first of the Criminal Code.