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VOL. 12, ISSUE 1 (2026)
Review of the legal status of criminal law following the constitutional court decision: A critical analysis of the supreme court decision
Authors
Rustamaji, Kadek Wiwik Indrayanti, Supriyadi
Abstract
This article analyzes the legal status and
force of Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations
after its annulment by the Constitutional Court through Decision Number
78/PUU-XXI/2023, as well as its implications for Supreme Court Decision Number
575 K/Pid/2024. The annulment occurred because the norms regarding
"riot" and "fake news" were deemed vague and contradicted
the principles of legality and legal certainty in the 1945 Constitution. Using
Hans Kelsen's theory of norm hierarchy, this study demonstrates that Article 15
has lost its normative validity and can no longer be used as a basis for
criminal prosecution. The Supreme Court's decision then implemented this
constitutional correction by annulling criminal prosecutions based on
unconstitutional norms, while simultaneously emphasizing the obligation of
constitutional obedience and the principle of lex mitior in criminal law. These
findings underscore fundamental changes in the structure of Indonesian criminal
law and the need for legislators to formulate new, clearer offenses that align
with the principles of a modern rule of law.
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Pages:96-101
How to cite this article:
Rustamaji, Kadek Wiwik Indrayanti, Supriyadi "Review of the legal status of criminal law following the constitutional court decision: A critical analysis of the supreme court decision". International Journal of Law, Vol 12, Issue 1, 2026, Pages 96-101
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