The ruling hearing for the judicial review of Law No. 1 of 2023 on the Criminal Code for Case No. 112/PUU-XXIV/2026, Wednesday (4/29/2026). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court approved the withdrawal of the material judicial review petition of Article 466 paragraph (1) of Law No. 1 of 2023 on the Criminal Code (KUHP) and its elucidation. The Decree No. 112/PUU-XXIV/2026, for the petition filed by Deddy Rizaldy Arwin Gommo and Diorama Tiffany (Petitioners I and II), was delivered on Wednesday, April 29, 2026 in the plenary courtroom.

Chief Justice Suhartoyo stated that the Court had received the Petitioners’ letter in which they requested the withdrawal of the petition. It had also asked for confirmation at the second hearing, which the Petitioners provided.

Then, at the justice deliberation meetings on April 15, 16, 21, and 22 the Court determined that the withdrawal request was legally justified and that the Petitioners would not be able to refile the petition a quo. The Court also ordered the Chief Registrar to record the withdrawal in the electronic constitutional case registration book (e-BRPK) and to return the petition copies to the Petitioners.

“The Court determines, to grant the withdrawal of the Petitioners’ petition,” Chief Justice Suhartoyo said, delivering the decree.

Also read:

Petitioners Seek Clarification of Element of Assault in New Criminal Code

Petition on Element of Assault in New Criminal Code Withdrawn

Article 466 paragraph (1) of the Criminal Code provides: “Any person who commits assault shall be punished with imprisonment for a maximum of 2 (two) years and 6 (six) months or a fine of up to category III.” The elucidation reads, “This provision does not define the meaning of assault, which shall be left to judicial interpretation on the case in accordance with the development of social and cultural values as well as medical science. This means that assault is not limited to physical harm, and not all physical suffering necessarily constitutes assault. The element of ‘intent’ is not explicitly included in this provision, as it is already regulated under Article 36 and Article 54 letter j for the purpose of aggravating punishment.”

At the preliminary hearing on Tuesday, April 7, 2026, Muhammad Danang Pratama, counsel for the Petitioners, argued that the formulation of Article 466 paragraph (1), particularly the phrase “commits assault,” does not provide a definitive parameter within the body of the law. As a result, the core element of the offense depends on the elucidation, which in turn delegates its meaning to judicial interpretation.

In their petitum, the Petitioners requested the Court to declare Article 466 paragraph (1) of Law No. 1 of 2023 on the Criminal Code unconstitutional and not legally binding insofar as it is not interpreted to read: “Any person who unlawfully or without right commits assault shall be punished with imprisonment for a maximum of 2 (two) years and 6 (six) months or a fine of up to category III.”

They also requested the Court to declare the elucidation to Article 466 paragraph (1) unconstitutional and not legally binding insofar as it is not interpreted to mean: “Assault shall be an intentional active act, carried out unlawfully or without right, which results in pain to another person’s body, injury to another person’s body, or a physical health disorder, which can be objectively proven based on medical science.” 

However, at the next hearing on Tuesday, April 21, Deddy Rizaldy Arwin Gommo expressed the Petitioners’ wish to withdraw the petition, citing late submission of the revised petition to the Court. “The [submission of the] revised petition, which should be presented today, was late due to traffic jam,” he said.

Read Decree No. 112/PUU-XXIV/2026 (in Indonesian).

Author       : Sri Pujianti
Editor        : N. Rosi.
PR            : Fauzan F.
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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