The Constitutional Court Changes The Term Of Office Of The KPK Leadership To 5 Years

Chief Justice of the Constitutional Court (MK) Anwar Usman (ANTARA)

JAKARTA - The panel of judges at the Constitutional Court stated that the four-year term of office of the Corruption Eradication Commission (KPK) was unconstitutional and changed it to five years.

The decision was read by the Chief Justice of the Constitutional Court Anwar Usman during a trial for the pronunciation of the provisions and decisions broadcast on the YouTube channel of the Indonesian Constitutional Court, reported by ANTARA Thursday, May 25.

Anwar Usman stated that Article 34 of Law Number 30 of 2002 concerning the Corruption Eradication Commission which all reads, "Leaders of the Corruption Eradication Commission hold office for four years" contradict the 1945 Constitution of the Republic of Indonesia.

Thus, the article does not have conditionally binding legal force.

"As long as it is not interpreted, 'The leadership of the Corruption Eradication Commission holds office for five years and can be re-elected for only one term'," said Anwar Usman.

In conveying the considerations, Constitutional Justice Guntur Hamzah stated that the provisions for the four-year term of office of the KPK leadership were not only discriminatory but also unfair when compared to commissions and other independent institutions.

Guntur Hamzah compared the term of office of the KPK with Komnas HAM. The term of office of the head of Komnas HAM is five years. Therefore, it would be fairer if the KPK leadership served for five years.

"The term of office of the KPK leadership for five years is much more useful and efficient when adjusted to other independent commissions," said Guntur Hamzah.

In addition, Constitutional Justice Arief Hidayat stated that the four-year term of office allowed the same president and DPR to evaluate the KPK twice.

"The two-time assessment of the KPK could threaten the independence of the KPK," said Arief.

Therefore, Arief continued, the authority of the president and the DPR to be able to conduct the selection or recruitment of KPK leaders twice during his term of office can provide psychological burdens and conflicts of interest to KPK leaders who want to register themselves to participate in the selection of the next KPK leadership candidates.

The Constitutional Court considers it important to equate the provisions regarding the term of office of an independent state institution, namely five years.

Previously, Deputy Chairperson of the KPK Nurul Ghufron sued Law Number 19 of 2019, especially Article 29 e and Article 34 of Article 28 D paragraph (1), paragraph (2), paragraph (3), and Article 28 I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The lawsuit is registered with number 112/PUU-XX/2022.