Court Grants Withdrawal of Petition on Criminal Code
Image

Chief Justice Suhartoyo read out the Determination in the Criminal Code Law and the Law on Adjustment of Criminal Penalties on Monday (March 2, 2026) in the panel courtroom. Photo by MKRI/Panji


JAKARTA, MKRI — The Court has granted the withdrawal of Petition No. 21/PUU-XXIV/2026 seeking a material review of Law Number 1 of 2023 concerning the Criminal Code (KUHP) and Article 82 paragraph (1) of Law Number 1 of 2026 concerning the Adjustment of Criminal Penalties. The Court held that the withdrawal of the petition was legally justified; however, the Petitioners are precluded from refiling the petition a quo.

“Granting the withdrawal of the Petitioners’ petition,” stated Chief Justice Suhartoyo in the hearing for the pronouncement of Determination/Decision Number 21/PUU-XXIV/2026 on Monday (2 March 2026) at the Plenary Courtroom, Jakarta.

The Court had duly received the Petitioners’ petition and subsequently received their withdrawal request, together with the respective grounds therefor. The said request was confirmed during the court hearing, wherein the Petitioners affirmed the withdrawal of the petition. The withdrawal request had previously been confirmed in a hearing convened on Monday (9 February 2026).

Also read:

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

Judicial Review of Criminal Code Withdrawn Due to Insufficient Legal Standing

 

Previously, Bernita Matondang and Ariyanto Zalukhu, both university students, filed a petition for judicial review of Article 81 paragraph (3) of Law Number 1 of 2023 concerning the Criminal Code and Article 82 paragraph (1) of Law Number 1 of 2026 concerning the Adjustment of Criminal Penalties before the Court.

During the court hearing, the Petitioners contended that the provisions governing asset forfeiture and the substitution of fines with imprisonment potentially contravene the principle of legal certainty as guaranteed under Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia.

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

The full decision may be accessed in Case No. 21/PUU-XXIV/2026. (in Indonesian)

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.

 


Monday, March 02, 2026 | 09:20 WIB 58