Five UIN Jakarta Sharia and Law Students Refine Formal Review Petition of the National Police Law at the Constitutional Court

Central Jakarta, UIN Online News — Students from the Faculty of Sharia and Law (FSH) at UIN Syarif Hidayatullah Jakarta filed a petition for the formal judicial review of Law Number 5 of 2026 on the Amendment to Law Number 2 of 2002 regarding the National Police of the Republic of Indonesia (UU Polri) with the Constitutional Court (MK). The court hearing for Petition Case No. 282/PUU-XXIV/2026, scheduled to hear the revised petition, took place at the Constitutional Court Building in Jakarta on Tuesday (18/8/2026).

Previously, the Preliminary Hearing on Monday (3/8/2026) was presided over directly by Deputy Chief Justice of the Constitutional Court, Saldi Isra. The petitioners comprise five FSH UIN Jakarta students: Muhammad Haekal Elfath Lakusya (Petitioner I), Ahmad Maulana Hakim (Petitioner II), Dhimas Fikri Fakhrurrahman (Petitioner III), Muhammad Alrasya Dimas Hari Martono (Petitioner IV), and Keysyar Anugraha Saputra (Petitioner V).

The Petitioners argued that the legislative process amending the Police Law violated the procedural provisions stipulated in Law Number 13 of 2022 on the Second Amendment to Law Number 12 of 2011 on the Formation of Legislation. The revision process was deemed procedurally flawed because it bypassed deliberation by the House Legislation Body (Baleg DPR RI). In fact, Baleg's role is crucial for harmonizing, synchronizing, and standardizing the substance of statutory bills.

This legislative stage is intended to prevent normative contradictions, regulatory overlaps, redundant provisions, and inconsistencies with higher, equal, or related cross-sectoral laws. Furthermore, the Petitioners noted that the Baleg process ensures the enacted legislation fulfills proper legislative drafting principles, fostering legal certainty, clarity of formulation, and balance within the national legal system.

Additionally, the FSH students argued during the hearing that the enactment of the law a quo violated the principles of efficiency and effectiveness. The contested law is presumed to trigger jurisdictional overlaps between the National Police and civilian governance.

Petitioner V, Keysyar Anugraha Saputra, explained that this potential overlap causes operational ambiguity and fails to deliver legal benefit to police officers, state institutions, and society at large. Consequently, the substance of the law is considered non-compliant with statutory utility and effectiveness standards.

Following the Preliminary Hearing, the petitioners were given a 14-day window to refine their documentation. The Constitutional Court subsequently reconvened the formal judicial review hearing on Tuesday (18/8/2026).

Petitioner I, Haekal Elfath Lakusya, stated that several sections of the petition had been revised through the addition of supporting evidence and improvements to the petitum (the formal claims and relief sought by the petitioners).

“We have incorporated additional evidence, clarified the Court's jurisdiction, and refined the petition's petitum,” Haekal emphasized during the proceeding.

Based on these legal arguments, the Petitioners requested the Constitutional Court to declare Law Number 5 of 2026 unconstitutional under the 1945 Constitution of the Republic of Indonesia and devoid of binding legal effect. Furthermore, they petitioned the Court to reinstate Law Number 2 of 2002 or postpone the enactment of Law No. 5/2026 for one year. This suspension would provide adequate time to rectify the law in line with legitimate legislative drafting rules while engaging civil society.

The Petitioners also requested the Court to order the House of Representatives (DPR RI), as the legislature, to rectify the legislation within a maximum period of one year from the date of the ruling. Should the legislature fail to amend the law within that timeframe, Law Number 5 of 2026 would permanently become unconstitutional.

Sources (Constitutional Court of the Republic of Indonesia Press Releases):
1. UIN Syarif Hidayatullah Students File Formal Judicial Review on Police Law
2. UIN Syarif Hidayatullah Students Refine Formal Judicial Review Petition on Police Law