Muhammadiyah Cadres Challenge Ramadan and Syawal Determination Rules at Constitutional Court

Three Muhammadiyah cadres have lodged a petition with the Constitutional Court (MK) challenging the regulation that currently serves as the basis for nationally determining the start of Ramadan and Idulfitri. They argue the rule prioritises the rukyat hilal (moon sighting) method and fails to provide equal space for the hisab calculation method, which is also used by a segment of the Muslim community. The petition was filed by Andri Sumarna, Muhamad Fajri Nur Rizky, and Rozak Daud in case number 180/PUU-XXIV/2026, which began its hearings at the MK on Tuesday, 9 June. The applicants are challenging the Elucidation of Article 52A of the Religious Judicature Law. They contend that this explanatory section does not merely clarify the article’s content but instead introduces new norms that could create legal uncertainty. The applicants’ legal counsel, Juanda, stated that an elucidation should only function as the official interpretation of a norm already present in the body of the law. He argued that the elucidation limits the authority for rukyat hilal confirmation only to Ramadan and Syawal, whereas the main article stipulates it applies generally to determining the start of the Hijri month. The applicants also believe the regulation indirectly positions the rukyat hilal method as the primary basis for government determinations, while hisab or astronomical calculation receives no equivalent state recognition, potentially leading to discriminatory treatment. In their petition, they requested the MK to declare the Elucidation of Article 52A contrary to the 1945 Constitution and lacking binding legal force. During the preliminary hearing, constitutional judges asked the applicants to strengthen their arguments regarding the constitutional harm suffered and to provide evidence of a direct link between the challenged rule and their constitutional rights. They also questioned how the existence of the itsbat rukyat mechanism obstructed their freedom to practise their faith based on the hisab method. The court granted the applicants time until 22 June 2026 to revise their petition.