JAKARTA, Legal Literacy – Nine advocates and one student have filed a judicial review of Article 158 letter e of Law Number 20 of 2025 concerning the Criminal Procedure Code to the Constitutional Court (MK). The norm being challenged regulates pre-trial objects related to “delay in handling cases without legitimate reasons”. The Petitioners assess that the formulation of the article creates a normative vacuum regarding who the legal subjects are who have the right to file a pre-trial motion, which leads to legal uncertainty and weakens judicial control over the passive attitude of investigators.

The petition is registered as Case Number 69/PUU-XXIV/2026 and was presented in a preliminary examination hearing at the Constitutional Court on Wednesday, February 25, 2026.

Petitioners Highlight Normative Vacuum: Who Has the Right to File a Pre-Trial Motion?

In the hearing, the Petitioners' legal counsel (Irpan Suriadiata) emphasized that the main problem is not merely the recognition of “delay” as a pre-trial object, but rather the lack of clarity regarding the party that can become a Petitioner when investigators delay/remain passive without legitimate reasons. The Petitioners associate this issue with the guarantee of the rule of law, equality before the law, and fair legal certainty in the 1945 Constitution.

The Petitioners also assess that, in practice, delays in handling cases often occur, but access to challenge this “state of limbo” is weak if the subjects who have the right to file a pre-trial motion are not explicitly determined.

Petitum: Expansion of Petitioner Subjects and Clarification of the Meaning of “Delay”

In their petitum, the Petitioners request the Constitutional Court to declare Article 158 letter e conditionally unconstitutional as long as it is not interpreted as providing certainty to the subjects who have the right to file a pre-trial motion. They propose expanding the parties who can file a pre-trial motion, including suspects/defendants, legal counsel, victims/reporters, citizens/community groups, and civil society organizations.

This case is being examined by a Panel of Judges chaired by Constitutional Justice Enny Nurbaningsih with members Anwar Usman and Arsul Sani. During the advisory session, Arsul requested the Petitioner to sharply elaborate on the constitutional rights losses of each Petitioner as well as the arguments against the norm with the 1945 Constitution as the benchmark.

The Constitutional Court provided an opportunity to improve the petition; the improved documents must be received no later than Tuesday, March 10, 2026 at 12:00 PM Western Indonesian Time.

This news is the result of synthesizing information from a number of credible sources to present a verified, complete, and balanced report to readers.