inp.polri.go.id - Jakarta. The Indonesian National Police (INP) confirmed its compliance with the Constitutional Court's (MK) ruling on amendments to Article 21 of the Criminal Code concerning obstruction of investigation in corruption cases. This article was previously challenged as being too restrictive.

"The INP, through the Anti-Corruption Corps, will refer to and adhere to the Constitutional Court's ruling, particularly in implementing Article 21 of Law No. 31 of 1999 concerning the Eradication of Corruption," stated the Head of INP Public Relations Division, Inspector General Johnny Edison Isir, on Wednesday (3/4/2026).

The Head of the Public Relations Division also stated that INP respects the ruling. Investigators will further study the ruling.

"We respect every Constitutional Court (MK) decision, which is final and binding, including the Constitutional Court's decision in case No. 71/PUU-XXIll/2025 concerning the Judicial Review of Article 21 of Law No. 31 of 1999 concerning the Eradication of Corruption, which ruled that the phrase 'directly or indirectly' does not have binding legal force," explained the Head of Public Relations.

For the record, the definition of the offense of obstruction of justice, as stipulated in Article 21 of the Corruption Law, consists of (i) subjective elements, namely (a) any person and (b) intentionally, and (ii) objective elements, namely (c) preventing, obstructing, or thwarting, directly or indirectly, investigations, prosecutions, and examinations in court, and (d) against suspects or defendants or witnesses in corruption cases. 

Regarding the element of prohibited acts (actus reus), the a quo norm uses the phrase "prevent, hinder, or thwart." In this case, the Corruption Eradication Law does not provide a detailed or limited definition of the types of acts that can be categorized as preventing, hindering, or thwarting.

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