Chief Justice Suhartoyo delivering the decree for Case No. 6/PUU-XXIV/2026. Friday (1/30/2026). Photo by MKRI/Bay.

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JAKARTA (MKRI) — The Constitutional Court has declared the petition for Case No. 6/PUU-XXIV/2026, concerning the judicial review of Article 109 of Law No. 32 of 2009 on Environmental Protection and Management as amended by Law No. 6 of 2023 on Job Creation, withdrawn. The decree was issued after the Petitioners, three university students, Saddam Husin, Iqbal Efendi, and Moch Rayhan Syahputra, failed to attend the scheduled preliminary hearing on Wednesday, January 21, 2026.

Chief Justice Suhartoyo stated that the Court, through its Registrar’s Office, had properly and duly summoned the Petitioners by official letter. Even shortly before the hearing commenced, the Court reconfirmed the summons. Nevertheless, the Petitioners did not appear before the panel and provided no valid reason for their absence.

“Declaring the Petitioners’ petition for Case No. 6/PUU-XXIV/2026 withdrawn,” Suhartoyo pronounced during the reading of Decree No. 6/PUU-XXIV/2026 in the Court’s plenary courtroom on Friday, January 30, 2026.

Also read:

Students Fail to Attend Preliminary Hearing on Environmental Protection Law Review

For context, in their petitum the Petitioners requested the Court to declare Article 109 of the Job Creation Law contradictory to the 1945 Constitution of the Republic of Indonesia and conditionally constitutional, insofar as it is interpreted to mean that violations of the obligation to obtain environmental approval, whether through an environmental impact assessment (AMDAL) or environmental management and monitoring efforts (UKL-UPL), are subject only to administrative sanctions without the possibility of criminal liability. According to them, such an interpretation could potentially weaken the protection of citizens’ constitutional right to a good and healthy environment.

Alternatively, the Petitioners sought a ruling that Article 109 of the Job Creation Law is conditionally unconstitutional, insofar as it is not interpreted to mean that business actors and/or activities operating without environmental approval (AMDAL or UKL-UPL) may still be subject to criminal sanctions, in order to safeguard the constitutional right to a good and healthy environment as guaranteed under Article 28H paragraph (1) of the 1945 Constitution.

The complete decision: Decision of Case No. 6/PUU-XXIV/2026

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Adriana A.Y.
Translator: Yuanna Sisilia

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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