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May Day Suspect Revises New Criminal Procedure Code Judicial Review at the Constitutional Court

Redaksi Literasi Hukum Indonesia

26 Feb 2026 · 09:04 26 February 2026 09:04 WIB 2 minutes reading time: 2 minutes 7 read

The Constitutional Court Accepts Revisions to the New Criminal Procedure Code Judicial Review Regarding Arrest and Detention Authority. The Applicant Narrows Down the Articles Being Reviewed. What is the Impact?

MK terima perbaikan permohonan uji materi KUHAP terkait kewenangan penangkapan dan penahanan. (Source: AI Gemini, Redaksi Literasi Hukum Indonesia)

Table of Contents

Object of Review Narrowed to 3 Articles, Constitutional Standard Changed
Petitioner Background: Two of Them Suspects in May Day 2025

JAKARTA, Legal Literacy – The Petitioners Application Number 54/PUU-XXIV/2026—who are, among others, suspects in the May Day 2025 incident—submitted revisions to the judicial review application of the new Criminal Procedure Code (Law Number 20 of 2025) to the Constitutional Court (MK) on Tuesday, February 24, 2026. In the revisions, the Petitioner reduced the object of review from the original 14 articles to three articles, namely Article 5 paragraph (1) letter b, Article 5 paragraph (1) letter e, and Article 79 paragraph (8) letter a of the Criminal Procedure Code.

Object of Review Narrowed to 3 Articles, Constitutional Standard Changed

The Petitioner's legal counsel, Mayang Anggi Pradita, conveyed the main changes to the application in a revision hearing that was attended online. The Petitioner also mapped out the constitutional standard for each article: Article 5 paragraph (1) letter b is tested, among others, with Article 28D and Article 1 paragraph (3) of the 1945 Constitution; Article 5 paragraph (1) letter e is tested with Article 28D paragraph (1) of the 1945 Constitution; and Article 79 paragraph (8) letter a is tested with Article 28I paragraph (5) of the 1945 Constitution.

In their petition, the Petitioners request the Constitutional Court to affirm the meaning of specific authorities in Article 5 paragraph (1) letters b and e to avoid multiple interpretations, and request that Article 79 paragraph (8) letter a be declared contradictory to the 1945 Constitution and have no binding legal force.

Petitioner Background: Two of Them Suspects in May Day 2025

The Constitutional Court of the Republic of Indonesia stated that the number of Petitioners is 12 people (eleven students from various universities and one legal staff/legal consultant). Two Petitioners are said to have been suspects since May 23, 2025 related to the Labor Day (May Day) Action on May 1, 2025. They assess that this status places the Petitioners as direct subjects of the state's coercive authority, so that legal certainty and a sense of security are in a threatened condition while the process is still ongoing.

In the description of the petition, the two Petitioners also claim to have experienced a series of coercive actions while serving as paramedics in the May Day action, and the determination of suspects refers to Article 216 in conjunction with Article 218 of the Criminal Code.