Buce Abraham Beruat, counsel for Jovi Andrea Bachtiar, presenting a petition against the Criminal Procedure Code (KUHAP), Monday (6/8/2026). Photo by MKRI/Panji.

---

JAKARTA (MKRI) — Jovi Andrea Bachtiar has filed a material review of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP) to the Constitutional Court. The preliminary hearing for Case No. 176/PUU-XXIV/2026 was chaired by Constitutional Justice Enny Nurbaningsih in one of the Court’s panel courtrooms on Monday, June 8, 2026. In this petition, the Petitioner contends that Article 285 paragraph (1) of the KUHAP is against Article 28D paragraph (1) of the 1945 Constitution.

At the hearing, the Petitioner's counsel Buce Abraham Beruat argued that the challenged provision grants the public prosecutor the opportunity to file an appeal. He believes this not only contradicts the lawmakers’ intent when drafting the KUHAP, which replaced Law No. 8 of 1981 on Criminal Procedure, but also violates human rights and the citizens’ constitutional right of freedom from fear of criminalization by law enforcement officers who act arbitrarily. Therefore, the public prosecutor, he contended, should not be granted the right or authority to appeal an acquittal rendered by a district court at first instance.

He further explained that, as a matter of law, the public prosecutor has already been vested with authority from the moment a notice of commencement of investigation (SPDP) is received, enabling them to monitor the progress of a case being handled by investigators. Moreover, they are authorized to review case files submitted by investigators, provide instructions regarding any faults in those files, and coordinate with investigators to ensure that such flaws are remedied.

In short, given these authority and rights, the public prosecutor should already possess sufficient confidence in any case brought before the district court for trial. Consequently, if a defendant is acquitted by the district court, the public prosecutor should be prohibited from filing an appeal.

“The Petitioner requests that the Court declare that Article 285 paragraph (1) of Law No. 20 of 2025 on the Criminal Procedure Code (KUHAP) is contrary to the 1945 Constitution and has no binding legal force insofar as it is not interpreted to mean: ‘An appeal may be filed with the high court by the Defendant, the Defendant’s Advocate, or the Public Prosecutor, except where the district court has acquitted the Defendant,’” said Sinta Dwi Apriliyanti, another counsel for the Petitioner, while reading the petition’s petitums. 

Petitioner’s Legal Standing

Constitutional Justice Arsul Sani advised that the Petitioner’s legal standing as a legal consultant must be substantiated by proof of membership in the Indonesian Association of Legal Consultants (AKHI). “In addition to addressing the Petitioner’s qualification, it is also necessary to examine petitions that were denied legal standing by the Court or declared inadmissible (niet ontvankelijke verklaard/NO). This must be avoided and carefully considered; please study the details. If the Petitioner is a legal consultant, the alleged constitutional harm may be actual, either because he has personally experienced it or has encountered it in the capacity of legal counsel,” Justice Arsul explained.

Next, Constitutional Justice Ridwan Mansyur likewise emphasized the issue of legal standing. “Based on the experience described, the Petitioner is a lawyer who has encountered a concrete case. Therefore, the petition must set out the five parameters demonstrating the existence of constitutional harm. These should be further elaborated and sharpened,” he stated.

At the end of the session, Constitutional Justice Enny Nurbaningsih announced that the Petitioners would have 14 days to revise the petition and may re-submit it before 12:00 WIB on Monday, June 22, 2026. The Court will then schedule the second hearing to examine the revisions to the petition.

Explore Case No. 176/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.

---