MK Decides KPK Leadership is Enough to be Inactive and Does Not Have to Resign from Previous Positions

JAKARTA - The Constitutional Court (MK) granted a partial request for a material test against Article 29 letters i and j of Law Number 19 of 2019 concerning the Corruption Eradication Commission (KPK). The KPK leadership is now not required to resign or leave their previous profession.

The decision was read by the Chairman of the Constitutional Court Suhartoyo in the pronouncement of the verdict Number 70/PUU-XXIV/2026 at the Constitutional Court building. The KPK leadership is said to be quite inactive from the previous profession while in office.

"Granting the applicants' request for a part," said Suhartoyo when reading the ruling.

In its decision, the Constitutional Court stated that the word 'release' in Article 29 letter i of Law Number 19 of 2019 is contrary to the Constitution of the Republic of Indonesia in 1945.

"And it does not have legally binding force conditionally as long as it is not interpreted as 'inactive from'," added Suhartoyo.

Before it was decided, the Constitutional Court had held a preliminary examination hearing on February 25 and an improvement of the application on March 10.

This lawsuit was filed by two advocates, namely Marina Ria Arityonang and Syamsul Jahidin and Ria Merryanti who are doctors with the status of state civil servants (ASN).

They highlighted active members of the National Police who occupied the position of KPK Chairman without going through the process of resignation or retirement as an initial request.