Sue The Legislation Of The KPK Pansel, MAKI Ungkit Experience Yusril "Lolos" Case At The AGO

JAKARTA - Coordinator of the Indonesian Anti-Corruption Society (MAKI) Boyamin Saiman brought up the experience of the Coordinating Minister for Law, Human Rights, Immigration, and Correctional Affairs Yusril Ihza Mahendra who "losed" from the stipulation of the Attorney General's Office (AGO) due to the disapproval of Attorney General Hendarman Supanji.

"In the past, he (Yusril) was a suspect at the Attorney General's Office. Continue to declare the determination of the suspect invalid, for what reason? Because he was appointed by the Attorney General who was invalid because he was not appointed," Boyamin said when met at the Constitutional Court Building (MK), Jakarta, Tuesday, November 5, was confiscated by Antara.

In 2010, Yusril was named a suspect in the corruption case of the Legal Entity Administration System of the Ministry of Law and Human Rights.

Yusril then showed evidence related to the term of office of Attorney General Hendarman Supanji at the Police Headquarters Criminal and Investigation Agency.

The evidence he showed included Law Number 16 of 2004 concerning the Indonesian Attorney General's Office, Presidential Decree No. 187 of 2004, Presidential Decree No. 31 of 2007, and Presidential Decree No. 83 of 2009.

Yusril said the three presidential decrees showed that Hendarman had expired as Attorney General since October 20, 2009.

Until Yusril was named a suspect, Hendarman was never appointed again by the president and never took an oath of office as Attorney General.

"So, there has been an incident like that. The suspect can file a lawsuit against the illegal leadership in an institution," said Boyamin.

Therefore, he submitted a judicial review to the Constitutional Court regarding the validity of the Corruption Eradication Commission (KPK) selection committee formed by the 7th President of the Republic of Indonesia Joko Widodo (Jokowi).

Boyamin submitted an Application for Material Testing Article 30 paragraph (1) and paragraph (2) of Law Number 30 of 2002 concerning the Corruption Eradication Commission against Article 1 paragraph (3), Article 27 paragraph (1), Article 28D paragraph (1, 2, 3), and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Boyamin refers to the Constitutional Court's Decision with case number 112/PUU-XX/2022 which changes the term of office of the KPK leadership from four years to five years.

"That was in his consideration that the president could only once select the KPK leadership, and it was also written there that Pak Jokowi had conducted (selections) in 2019," he said.

Therefore, according to him, the KPK leadership for the 2024 '2029 period should be selected and/or submitted to the DPR and President for the 2024'-2025 period, in this case Prabowo Subianto.

"So this language is not good, I take care of Pak Prabowo, that's how it is," said Boyamin.

With constitutional clarity regarding the validity of the KPK's committee for the selection of candidates formed by the 7th President of the Republic of Indonesia Jokowi, Boyamin believes this can reduce the risk of lawsuits from KPK suspects regarding the determination of leaders.

"I only maintain the eradication of corruption according to the rail, was elected and legally formed and thereby minimizing future lawsuits," said Boyamin.