A new interpretation of the phrase “null and void” in Article 143, paragraph (3) of the Criminal Procedure Code

The Constitutional Court (MK) provided a new interpretation of the phrase “null and void” in Article 143 paragraph (3) of Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP). In the legal consideration read out by Constitutional Justice Suhartoyo, the Court considers that it can create legal certainty and justice if the phrase “null and void” in Article 143 paragraph (3) of the Criminal Procedure Code means that filing a revised indictment can only be made once after the indictment is declared void or null and void by a judge. Thus Decision Number 28/PUU-XX/2022 was read out on Monday (31/10/2022) in the Plenary Session Room of the MK.

→ Source: https://www.mkri.id, 31 October 2022.

Best regards,

Fredrik J. Pinakunary