Indonesien
Indonesia's Constitutional Court has nullified the phrase "directly or indirectly" in the obstruction of justice offense under the Anti-Corruption Law. The decision was announced during a hearing at the Constitutional Court building in Central Jakarta.
The case, numbered 71/PUU-XXIII/2025, was filed by advocate Hermawanto, who argued that the phrase "directly or indirectly" was overly broad and could be misused to target individuals opposing law enforcement officials.
The Constitutional Court found that the phrase contradicted the 1945 Constitution and lacked binding legal force. The court emphasized the need for legal certainty and justice, aiming to prevent the phrase from being used in a "rubber" (elastic or flexible) manner that could ensnare individuals unjustly.
The removal of this clause is expected to provide clearer guidelines for law enforcement and the judiciary in handling obstruction of justice cases, ensuring that the law is applied fairly and not used as a tool against dissent.
This decision marks a significant step in refining Indonesia's legal framework to uphold constitutional rights and prevent potential abuses of power.
