KUHP Material Test on Determination of State Losses by BPK Cancelled

DOK BETWEEN

JAKARTA - The application for a material test of Law Number 1 of 2023 concerning the Criminal Code which questions Article 603 concerning the crime of corruption related to state financial losses has been withdrawn.

The statement of the revocation of case number 107/PUU-XXIV/2026 which caused a commotion regarding the authority to determine state financial losses by the BPK was conveyed by the Chairman of the Constitutional Court (MK) Suhartoyo in a follow-up hearing to hear the statements of the parties concerned from the BPK and the Supreme Court, Tuesday.

"Well, the agenda for today's trial was supposed to be to hear the statements of the Supreme Court and the Financial Audit Agency. But before it was scheduled for that, we from the panel of judges received a letter from the applicant that this application was withdrawn or withdrawn," said Suhartoyo as reported by ANTARA, Tuesday, Wednesday, May 26.

In the hearing, which was attended by the applicant and related parties, Suhartoyomeminta certainty so that the applicant provides an explanation regarding the revocation.

Disampaikan oleh kuasa hukum pemohon Ranto Sibarani, kliennya selaku pemohon Naslindo Siraet dan Yeasy Darmawaynto mengajukan pencabutan ini dengan beberapa alasan.

The first reason, he said, was that the applicant felt that the norm being tested was indeed a new norm in the New Criminal Code, Article 603 and was still in the transition period.

"The applicants feel it is important to first give the government and the DPR RI the opportunity to synchronize and harmonize the derivative rules regarding this financial audit agency," he said.

Then, the second reason, the applicants also understand that testing the phrase of the state institution of financial audit has a wide impact on the enforcement of the national criminal corruption law to avoid confusion and overlapping interpretations that can disrupt the stability of law enforcement.

"Therefore, the applicant also feels the need to conduct a more comprehensive independent study. If necessary to apply for testing in the future, if necessary, Your Honor," he said.

The third reason, this revocation is also carried out to support the effectiveness and efficiency of handling cases in the Constitutional Court considering that the applicants also see that there are several similar applications that are also underway, so it may be more urgent for other cases.

"That's right, more or less that's the current awareness experienced by the applicant's principal, we apologize for the withdrawal of this case and hopefully it will be granted, the withdrawal will be accepted," said Ranto.

After hearing the explanation for the revocation, the Chairman of the Constitutional Court, Suhartoyo, said that regarding a similar request, only case 107/PUU-XXIV/2026 was brought to the plenary session forum.

The consideration of the constitutional judges brought this case to the plenary session because it had a wide impact and caused a commotion. Therefore, the Constitutional Court summoned the parties concerned, including today's Supreme Court, BP.

Then at the next hearing, the KPK, the National Police, the BPKP, and the Attorney General's Office were summoned.

"Even the Attorney General's Office we reminded at that time to play a dual role. That is, as the government's power please, but also position it as a related party that the Constitutional Court needs," he said.

The consideration of the Constitutional Court is to summon all parties concerned, because of the wide impact and commotion that was conveyed by the applicant's lawyer.

"This goes back to the fact that the examination in this trial is based on the entry of the revocation, therefore, when the application is revoked, what is the return, yes, the Court has no basis to continue the application," he said.

Even though there are other applications that have not been decided to be brought to the Plenary Session, according to Suhartoyo, until now the application 107/PUU-XXIV/2026 which is actually the court's concern to be further heard together.

Suhartoyo said the panel of judges would respond to the request for revocation, which could be a meeting of judges, and for the time being, the BPK and the Supreme Court were also held to not provide information in advance before there was certainty from the court regarding the court's attitude towards the revocation request.

"If this is reopened, of course we will call, but if not, the court will also decide in the hearing to pronounce the verdict regarding this request for revocation," said Suhartoyo.