Unconstitutional Article Revived in New Criminal Code, Constitutional Court Requests Explanation from DPR and Government

JAKARTA - The Constitutional Court has requested explanations from the House of Representatives (DPR-RI) and the government regarding a provision revived through the Criminal Code (KUHP) Number 1 of 2023.

In a hearing on five constitutional review cases related to the new KUHP held on Monday (13/4/2026), Constitutional Court Justice Saldi Isra asked the lawmakers, in this case the DPR and the government, to explain the reasons for reintroducing a provision that had previously been declared unconstitutional by the Constitutional Court.

“Now, the way forward, Mr Rudianto (representative of DPR-RI) and colleagues from the government or the president, please provide us with the actual recording (explanation of the revival of the provision) in a real manner,” Saldi stated during the hearing.

He noted that in case 27/PUU-XXIV/2026, which challenges Article 237 of the KUHP, the matter had actually been decided in a case from 13 years prior.

Arsul Sani stated that Article 237 letters b and c of the KUHP have the same substance as Article 69 letter c of Law Number 24 of 2009.

This provision had already been declared unconstitutional by the Constitutional Court, but it has reappeared in the new KUHP under a different article.

“So in the Constitutional Court Decision, Article 69 letter c of Law 24/2009 was indeed declared unconstitutional. Now, I request an explanation from the President (government) as to why this has then appeared in Article 237 letter c?” Arsul said during the same hearing.

The Constitutional Court requested this because the new KUHP was formed to modernise the previous criminal law, which was considered a product of the colonial era.