Representatives of President/Government at ruling hearing in plenary courtroom, on Wednesday (6/17/2026). Photo by MKRI/Panji.

JAKARTA (MKRI) – The Constitutional Court (MK) has granted the withdrawal of the petition for judicial review of Law No. 1 of 2023 on Criminal Code. The ruling hearing  of Decision No. 166/PUU-XXIV/2026 on the petition filed by Rendy Arrofi (Petitioner I) and Chambali Safaludin (Petitioner II) was pronounced directly by Chief Justice Suhartoyo on Wednesday, June 17, 2026.

It was stated that Court had received the Petitioners' petition and had also confirmed the withdrawal of their petition in the Panel Hearing. Furthermore, in the Justices' Deliberation Meeting (RPH) on May 21st and 26th, as well as June 3rd, 4th, and 11st, 2026, it was determined that the withdrawal of the petition was legally justified and that the Petitioners could not resubmit a quo petition. Furthermore, RPH ordered Court Registrar to record the withdrawal of the Petitioners' petition in the e-BRPK and return the copies of the files to the Petitioners.

"Determining, granting the withdrawal of the Petitioners' petition," said Chief Justice Suhartoyo reading Decree No. 166/PUU-XXIV/2026 in the Plenary Courtroom, Building 1 of the Court.

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Previously, in their petition, the Petitioners argued that Articles 232 and 233 of the Criminal Code contradict the 1945 Constitution of the Republic of Indonesia. According to the Petitioners, these articles have the potential to become catchall articles that can be used to silence the voices of civilians. Substantively, both articles do not define "violence or threats of violence" and political expression, policy criticism, and advocacy activities guaranteed by the constitution.

In addition, Petitioners, who are students at Untag Surabaya, consider the formulation of the two articles to be open to multiple interpretations and have the potential to make students and critical groups the most vulnerable groups to be criminalized, because advocacy actions can be considered as "coercive" or "obstructive" actions. Therefore, strengthening the argument against the combination of Article 1 paragraph (2), Article 28D paragraph (1), Article 28E paragraph (3), and Article 28I paragraph (4) of the 1945 Constitution is very relevant and strategic to show that the application of Article 232 and Article 233 of the Criminal Code systematically violates the constitutional rights of citizens.

Therefore, in the petitum’s petition, Petitioners request the Court declare Articles 232 and 233 of Law No. 1 of 2023 on Criminal Code unconstitutional and/or invalid since the petition was decided to be accepted because these articles contradict Article 28E paragraph 3 of the 1944 Constitution of the Republic of Indonesia. In addition, the Petitioners request the Court declare that during the transition period until this decision is implemented, law enforcement officers are prohibited from using Articles 232 and 233 of Law No. 1 of 2023 on Criminal Code as the basis for investigations, inquiries, arrests, detentions, prosecutions, or the imposition of criminal sentences against advocacy actions, peaceful demonstrations, public protests, or other political expressions that are not accompanied by physical violence that seriously endangers the safety of life. (*)

Read Decision No. 166/PUU-XXIV/2026 (in Indonesian).

Author      : Sri Pujianti
Editor       : Lulu Anjarsari P.
PR           : Fauzan Febriyan
Translator : Donny Yuniarto

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.