Mahfud: The Government Reviews The Constitutional Court's Decision On The Term Of Office Of KPK Leaders

Coordinating Minister For Political, Legal And Security Affairs Mahfud MD/DOK Kemenko Polhukam

Coordinating Minister for Political, Legal and Security Affairs (Menko Polhukam) Mahfud MD said the government was still conducting a study on Lawsuit No 112/PUU-XX/2022 regarding the extension of the term of office of the KPK leadership.

"We want to clarify first with the Constitutional Court because the Constitutional Court's decision is still interpreted differently, we will explain first what we will consider," Mahfud MD said in the Jakarta presidential palace, quoted by ANTARA, Monday, May 29.

The Constitutional Assembly led by Constitutional Justice Anwar Usman previously stated that Article 34 of Law Number 30 of 2002 concerning the Corruption Eradication Commission which originally reads, "KPK leaders hold office for four years" contrary to the 1945 Constitution so that the article does not have conditionally binding legal force.

"But if we join the Constitutional Court, we can't refuse the Constitutional Court, it's just what the Constitutional Court's decision looks like, we are still investigating the Constitutional Court," added Mahfud.

The Constitutional Court is known to change the term of office of the KPK leadership from four years to five years.

When delivering 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.

The term of office of the KPK leadership for five years is considered much more useful and efficient when adjusted to other independent commissions.

In addition, Constitutional Justice Arief Hidayat stated that the four-year term of office allows the same president and DPR to evaluate the KPK twice. The two-time assessment of the KPK is said to threaten the independence of the KPK.

Therefore, the authority of the president and the DPR to be able to conduct selection or recruitment of KPK leaders twice in their term of office can provide psychological burdens and conflicts of interest to KPK leaders who want to register 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.

The judicial review was submitted by the Deputy Chairperson of the KPK, Nurul Ghufron, who 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.

Deputy Minister of Law and Human Rights (Wamenkumham) Edward Omar Sharif Hiariej said there were two opinions regarding the Constitutional Court's decision. The first opinion is that the Constitutional Court's decision does not apply to the current leadership but to the next KPK leadership so that Firli Bahuri et al will still end their term of office on December 20, 2023.

Meanwhile, another view states that the Constitutional Court's decision took effect immediately after it was pronounced and the consequences were that the President had to change the president's decision regarding the term of office of the KPK leadership.

However, MK spokesman Fajar Laksono said the decision to extend the term of office of the KPK leadership was valid for the leadership of KPK Chairman Firli Bahuri and the other four KPK commissioners.

Fajar said the Constitutional Court's decision Number 112/PUU-XX/2022 also extended the current term of office of the KPK Supervisory Board.