Chief Justice Suhartoyo chairing the ruling hearing for the judicial review of Law No. 20 of 2025 on the Criminal Procedure Code, Monday (3/2/2026). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court approved the withdrawal of Petition No. 10/PUU-XXIV/2026 on the material judicial review of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP) against the 1945 Constitution. It ruled the withdrawal request legally justified, but warned the Petitioners—Fatur Rizqi Ramadhan alongside his two fellow university students—that they would not be able to refile the petition a quo.

“The Court granted the withdrawal of the Petitioners’ petition,” said Chief Justice Suhartoyo at the ruling hearing for Decree No. 10/PUU-XXIV/2026 on Monday, March 2, 2026 in the plenary courtroom.

The Petitioners had previously confirmed the request for withdrawal at the second hearing on Friday, February 6. They challenged several provisions of the new Criminal Procedure Code (KUHAP), which they argued could potentially violate the principles of a state governed by the rule of law and threaten citizens’ constitutional rights in the criminal justice process.

Also read:

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Petitioners Challenging New Criminal Procedure Code Withdraw Petition

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 believed this provision opens the possibility of examinations being conducted without certainty as to legal status.

They also challenged 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.

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