JakartaPost-Mar 4
The Constitutional Court has closed a loophole in the Corruption Law’s provision on obstruction of justice, which could have been misused by law enforcement to target lawyers, journalists and activists. The article in question penalizes anyone who intentionally obstructs, “directly or indirectly”, corruption investigations, prosecutions and court proceedings. In a ruling on Monday, the court said that the term “directly or indirectly” in Article 21 was too vague to establish what constitutes a criminal offense. “The phrase has the potential to be used to ensnare anyone deemed by law enforcement to have obstructed the legal process,” Justice Arsul Sani said. The nine-member bench said that obstruction of justice could only be applied to acts already regulated by the United Nations Convention against Corruption (UNCAC), including the use of physical force to interfere with the work of law enforcement or to interfere with testimony in court. The judges added that the provision in question could not be applied to non-litigation advocacy by lawyers, reporting of ongoing corruption cases by journalists or academic opinions. The petition was filed in April of last year by lawyer Hermawanto, who on Monday immediately welcomed the ruling and said it affirmed that a lawyer’s work should not be regarded as obstruction of justice. “The decision is a victory for the rule of law and serves as a correction to law enforcement practices that have been prone to rely on vague provisions,” he said. Responding to the ruling, the Corruption Eradication Commission (KPK), which had numerous times investigated and brought to court those impeding its corruption investigations, said the agency would abide by the court’s decision. “The KPK will continue to carry out its corruption eradication role while upholding the principles of legality, legal certainty and the protection of citizens’ constitutional rights,” spokesperson Budi Prasetyo said on Monday. Read more at:https://www.thejakartapost.com/indonesia/2026/03/04/top-court-narrows-obstruction-of-justice-provision.html?utm_source=(direct)&utm_medium=home_latest.
