Ghufron Of The Age Limits Law In The Corruption Eradication Commission Law, Johanis Tanak: Rights For Those Who Feel Their Interest Has Been Losses

Head of the National Food Agency Arief Prasetyo Adi together with the Deputy Chairperson of the KPK Nurul Gufron when interviewed after the socialization of corruption prevention activities at IICC Bogor, Wednesday (14/9/2022). ANTARA/Linna Susanti

JAKARTA - Deputy Chairman of the Corruption Eradication Commission (KPK) said that the age limit lawsuit in Law Number 19 of 2019 to the Constitutional Court submitted by his colleague, Nurul Ghufron is a right. Anyone who feels aggrieved may sue.

"The principle or principle of legal science basically gives the right to anyone whose interests are harmed can submit a judicial review to the Constitutional Court (MK) against a law deemed contrary to the 1945 Constitution," Johanis told reporters, Tuesday, November 15.

Johanis emphasized that he was not in a position to support Ghufron. However, he ensured that everyone who was harmed had the right to sue.

"Not in my capacity to support or not about it because it is guaranteed by law. In the judicial review requested by the Constitutional Court, it is not a law," he said.

Previously, the Deputy Chairperson of the KPK, Nurul Ghufron, filed a lawsuit with the Constitutional Court (MK). He sued Article 29 letter e of Law 19 of 2019 regarding the age limit for the head of the anti-corruption commission.

In a copy of the petition he submitted, Ghufron said the article regulates the minimum age limit of 50 years and a maximum of 65 years in the election process. In fact, the previous rule stated that the minimum limit as a KPK leader was 40 years.

"This will result in applicants whose age has not reached 50 years unable to run for the KPK leadership for the next period," the lawsuit was quoted as saying on the Constitutional Court website on Tuesday, November 15.

In addition, Ghufron also said that the age limit rule was contradictory to Article 34 of Law Number 30 of 2022 which reads: 'The KPK leadership holds a four-year position and can be re-elected only for one term'. This reason made him file a lawsuit because he felt aggrieved.

The reason is that Ghufron only reached 49 years old when he spent his term of office. So, he could no longer run for KPK leadership.

"Thus, it is very clear that the applicant who currently serves as Deputy Chair of the KPK loses his constitutional right to guarantee legal certainty in running for the KPK leadership for one term later."