Petitioners attending the preliminary hearing of Case No. 69/PUU-XXIV/2026 on the material judicial review of Law No. 20 of 2025 on Criminal Law Procedures Code on Wednesday (25/2). Photo by MKRI/Bay.

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Jakarta (MKRI) - Nine lawyers and one law student have petitioned the Constitutional Court to review Article 158 letter e of Law No. 20 of 2025 on the Criminal Law Procedures Code. The provision, which designates “delays in handling a case without lawful reason” as an object of pretrial review, is alleged to conflict with Articles 1 paragraph (3), 28D paragraph (1), and 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

“The provision addresses situations where investigations or case handling are not continued without lawful justification, but it does not clearly specify who may serve as the legal subject (petitioner),” said Irpan Suriadiata, the lead Petitioner and their counsel, at the preliminary hearing in Case No. 69/PUU-XXIV/2026 on Wednesday, February 25, 2026.

The Petitioners argue that this gap creates legal uncertainty. In practice, investigators may passively delay proceedings, yet no party with a direct interest is expressly granted standing by the Code to challenge such inertia, leaving the public without access to judicial oversight.

They contend that pretrial is intended to serve as a control mechanism over investigators’ decisions not to proceed with inquiries, investigations, or examinations, thereby directly affecting citizens’ constitutional right to fair legal certainty under Article 28D paragraph (1).

They noted that unjustified delays in case handling are common in Indonesia’s law enforcement practice and widely recognized as such. However, individuals who feel discriminated against by such delays lack any clear right to seek a pretrial order compelling investigators to resume work on their case and promptly designate a suspect where warranted.

In their petitum, the Petitioners ask the Court to declare Article 158 letter e unconstitutional insofar as it fails to clarify who may bring a pretrial challenge. They request a conditional ruling that the provision must be read to grant standing to: (a) suspects or defendants, to test whether there has been an unjustified delay and to seek an order requiring comprehensive investigation and an objective assessment of other parties who may more appropriately be named suspects; (b) legal counsel; (c) victims or complainants; (d) members of the public or community groups; and (e) civil society organizations/NGOs. They further ask the Court to affirm that the phrase “delays in handling a case without lawful reason” is a pretrial object that district courts may review at the request of those subjects.

Alongside Irpan, the lawyer‑petitioners include Habiburrahman, Titi Tantri, Abdul Majid, Lalu Muhamad Rizal, Lalu M. Kazwaini, M. Iskandar, Ida Husna, and Ahmad Muzakkir, with law student M. Novs Taupik Saputra as an additional Petitioner. The case is being heard by a panel led by Justice Enny Nurbaningsih, with Justices Anwar Usman and Arsul Sani.

During the advisory session, Justice Arsul Sani said each Petitioner must clearly explain the specific constitutional rights they claim are harmed by the operation of the challenged article. He added that they must also articulate how the provision conflicts with the constitutional norms cited as the basis for review.

“Who exactly is entitled to request a pretrial hearing under Article 158?” he asked. “The most important part of the legal‑standing section is to spell this out sharply enough to convince all nine Constitutional justices—because it will not only be this panel, but at least seven of the nine justices who decide how your petition will proceed,” Justice Arsul said.

Before adjourning, Justice Enny informed the Petitioners that they may revise their petition. The Court must receive the revised petition, in both soft and hard copy, by Tuesday, March 10, 2026, at 12:00 PM Western Indonesia Time.

Case tracking: Petition No. 69/PUU-XXIV/2026 (in Indonesian)

Author: Mimi Kartika.

Editor: N. Rosi.

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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