[REVISION HISTORY]

Indonesian Constitutional Court judicial reviews

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What changed

2026-08-28 05:55 UTC → 2026-08-29 07:37 UTC · added ~~removed~~

The Indonesian Constitutional Court is engaged in several judicial reviews concerning the 2023 Criminal Code (KUHP). Initial proceedings focused on the authority to calculate and determine state financial losses. During these hearings, the Indonesian National Police (Polri) argued that the final authority to determine state loss amounts must reside with the Audit Board (BPK). In contrast, the Corruption Eradication Commission (KPK) warned that centralizing this authority could infringe upon the constitutional rights of defendants by limiting their ability to present alternative evidence. By late August, the Court scheduled rulings for 17 different judicial review cases. This ~~includes~~ included four cases specifically regarding the 2023 Criminal Code, alongside reviews of laws concerning the Indonesian National Police, the financial sector, railway laws, and other legislative areas. In a significant development, the Court ruled that Articles 240 and 241 of Law Number 1 of 2023 are unconstitutional. The Court found that provisions criminalizing insults against the government and state institutions could be used to suppress democratic expression and constitutional rights. The ruling noted that state institutions are “legal subjects without feelings” and should not be protected by defamation laws in a way that restricts criticism.

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