The ruling hearing for the formal judicial review of Law No. 12 of 2011 on Lawmaking, Monday (9/29/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) granted the withdrawal request the material judicial review petition of Law No. 12 of 2011 on Lawmaking for case No. 152/PUU-XXIII/2025, filed by Isak Siprianus Kota, relating to Pancasila as one of the sources of law.

“[The Court] approves the withdrawal of the Petitioner’s petition; declares the petition in case No. 152/PUU-XXII/2025 withdrawn; and that the Petitioner cannot refile the petition a quo,” said Chief Justice Suhartoyo at the ruling hearing on Monday, September 29, 2025.

The chief justice stated that at the petition revision hearing on September 22, the Petitioner directly requested to withdraw the petition. The panel of justices asked him about it, which he then affirmed.

Based on the legal facts and existing provisions, at a justice deliberation meeting on September 22, the constitutional justices concluded that the request for withdrawal was legally valid.

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

The Petitioner opined that the removal of the word “structure” may shift the meaning of Pancasila to only binding for society as a social group, instead of the whole state as an organization, which has a structure and functions from the center to the regions. He added that this could potentially create discrimination because officials or state apparatus would then not be obliged to make Pancasila a source of law.

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

Author       : Utami Argawati
Editor        : N. Rosi.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti, Rizky K. Chaesario (NL)

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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