Preliminary Hearing of Case No. 152/PUU-XXIII/2025 on the material judicial review of Law No. 12 of 2011 on the Lawmaking, Monday (1/9). Photo by MKRI/Bay.

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Jakarta (MKRI) – The Constitutional Court (MK) held a preliminary hearing of Case No. 151/PUU-XXIII/2025 and Case No. 152/PUU-XXIII/2025 on the material judicial review of Law No. 12 of 2011 on the Lawmaking (Lawmaking Law) on Monday, September 1, 2025. The case was filed by Isak Siprianus Kota. The petitioner questioned the norm formulation of Pancasila as a legal source.

Initially, the preliminary hearing was scheduled to hear the main points of the petition. However, the petitioner did not attend the online hearing.

“Because the Petitioner is not present (online), the Panel of Justices cannot confirm the attendance. Therefore, the Panel of Justices cannot continue the hearing scheduled for the preliminary hearing,” Chief Justice Suhartoyo stated.

Subsequently, the Panel of Justices rescheduled the hearing of the case. “If the Petitioner remains serious, the rescheduled hearing will be informed,” he added.

In his petition, Isak Siprianus Kota stated his objection to Article 2 of the Lawmaking Law, which affirms that “Pancasila is the source of the state’s legal sources.” He argued that the phrase is not in accordance with the fourth paragraph of the 1945 Constitution Preamble, which uses the term “the state structure of the Republic of Indonesia.”

Isak opined that the removal of the structure may alter the meaning of Pancasila, which currently applies to society as a social group, rather than the entire state's structural organization, from the center to the regions. He considered that it has the potential to create discrimination because officials or the state apparatus may feel free of the obligation to use Pancasila as a legal source.

Moreover, the Petitioner affirmed that the law must not contradict the 1945 Constitution. He requested the Court to declare Article 2 of the Lawmaking Law contrary to the Constitution, or, at least, provide a constitutional interpretation that the correct formulation is “Pancasila as the source of all the legal sources of the state structure of the Republic of Indonesia.”

Author: Utami Argawati.

Editor: N. Rosi.

PR: Tiara Agustina.

Translator: Rizky Kurnia Chaesario

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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