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VOL. 12, ISSUE 1 (2026)
Constitutionality of Appeal in Pre-Trial Cases following constitutional court decision number 65/Puu-Ix/2011 and the 2025 Criminal Procedure Code based on substantive justice
Authors
Titus Yoan Benediktus Tanya, Eko Soponyono
Abstract
Article 164, paragraph (2) of Law Number 20 of
2025 concerning the Criminal Procedure Code reintroduces the appeal mechanism
for pretrial decisions that declare the invalidity of investigations or the
termination of prosecutions. This provision is substantially similar to Article
83, paragraph (2) of the previous Criminal Procedure Code, which was deemed
unconstitutional by Constitutional Court Decision Number 65/PUU-IX/2011. This
research analyzes the constitutionality of Article 164, paragraph (2) of the 2025
Criminal Procedure Code and its relevance to the principle of substantive
justice. The study employs normative research methods with statutory, case,
conceptual, and philosophical approaches. The research findings indicate that
this provision is constitutionally defective from inception, as it contradicts
the ratio decidendi and operative part of Constitutional Court Decision
65/PUU-IX/2011, which affirms the principle of equality before the law as
guaranteed by Article 27 paragraph (1) and Article 28D paragraph (1) of the
1945 Constitution. The reintroduction of the appeal mechanism creates
structural inequalities that disadvantage suspects and undermines the pretrial
process as an effective and final judicial control mechanism. From the
perspective of substantive justice, Article 164, paragraph (2) of the 2025
Criminal Procedure Code may obstruct the achievement of true substantive
justice.
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Pages:443-448
How to cite this article:
Titus Yoan Benediktus Tanya, Eko Soponyono "Constitutionality of Appeal in Pre-Trial Cases following constitutional court decision number 65/Puu-Ix/2011 and the 2025 Criminal Procedure Code based on substantive justice". International Journal of Law, Vol 12, Issue 1, 2026, Pages 443-448
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