The Petitioners confirming the withdrawal of the judicial review petition of Law No. 20 of 2025 on the Criminal Procedure Code, Friday (2/6/2026). Photo by MKRI/Ilham W. M.

---

JAKARTA (MKRI) — The Constitutional Court held the second hearing for the material judicial review of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP) against the 1945 Constitution on Friday, February 6, 2026 to examine revisions to petition No. 10/PUU-XXIV/2026.

The petition was filed by Fatur Rizqi Ramadhan alongside his two fellow university students. They challenge several provisions of the new Criminal Procedure Code (KUHAP), which they argue could potentially violate the principles of a state governed by the rule of law and threaten citizens’ constitutional rights in the criminal justice process.

Chief Justice Suhartoyo asked for confirmation of the Petitioners’ wish to withdraw the petition. “Please [confirm] this petition, which is being withdrawn,” he said.

In response, Fatur Rizqi Ramadhan confirmed the withdrawal. “Correct, Your Honor. The petition number ten is withdrawn,” he stressed.

Also read: New KUHAP Alleged to Potentially Allow Arbitrary Arrests

At the preliminary hearing on Wednesday, January 21, 2026, the Petitioners explained that Article 22 paragraph (1) of the KUHAP grants investigators the authority to summon or visit a person to obtain information without first determining that person’s legal status as either a witness or a suspect. The Petitioners believe this provision opens the possibility of examinations being conducted without certainty as to legal status.

They also challenge Article 32 point 32 of the KUHAP, which defines arrest as being based on a minimum of two pieces of evidence. They argued that this norm emphasizes only the quantitative aspect of evidence, without providing clarity regarding its quality or probative strength. Such a condition, they stressed, may lead to arbitrary arrests and fails to provide adequate protection for individual liberty.

Explore case No. 10/PUU-XXIV/2026 (in Indonesian).

Author         : Utami Argawati
Editor          : Lulu Anjarsari P.
PR               : Fauzan Febriyan
Translator     : Yuniar Widiastuti (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.

---