Petitioners on the Petition Revision Hearing in Case No. 21/PUU-XXIV/2026 concerning the Judicial Review of Criminal Code Law No. 1 of 2023 and Law No. 1 of 2026 on Penal Adjustments, Monday (February 9, 2026). MKRI/Bay

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JAKARTA, MKRI – The Court held a panel hearing on Monday, February 9, 2026, to examine a petition for judicial review of Article 81 paragraph (3) of Criminal Code Law No. 1 of 2023 and Article 82 paragraph (1) of Law No. 1 of 2026 on concerning Penal Adjustments, registered as Case No. 21/PUU-XXIV/2026.

At the hearing, Petitioner Bernita informed the Panel of her intention to withdraw the petition. “With respect, in Case No. 21, we seek to withdraw our petition, Your Honors,” she stated.

Justice Enny Nurbaningsih asked whether a written notice of withdrawal had been submitted and whether the decision was made jointly by both petitioners.

Bernita confirmed that the withdrawal was agreed upon by Petitioner I and Petitioner II. “We are in agreement, Your Honors, as we acknowledge that our legal standing is not sufficiently established,” she said.

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Students Challenge Provisions on Fines and Non-Custodial Sanctions in New Criminal Code

The petition had been filed by Bernita Matondang and Ariyanto Zalukhu, both university students, challenging Article 81 paragraph (3) of Law No. 1 of 2023 and Article 82 paragraph (1) of Law No. 1 of 2026 under Case No. 21/PUU-XXIV/2026.

The Petitioners argued that the provisions on asset confiscation and the substitution of unpaid fines with imprisonment may violate the principle of fair legal certainty as guaranteed by Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

They further contended that the rules on confiscation and public auction grant overly broad discretion, as they lack clear standards to protect minimum assets required for subsistence and do not require an objective and individualized assessment of a person’s financial capacity.

Author             : Utami Argawati
Editor              : Lulu Anjarsari P.
PR                   : Andhini S.F.
Translator        : Nies Lindy

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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