Chief Justice Of The Constitutional Court: Request For Novel Baswedan's Sela Decision Of The KPK Law Law Law Law Depending On The RPH

MK/DOK PHOTO Building: Diah Ayu-VOI

JAKARTA - Chief Justice of the Constitutional Court Suhartoyo said the request for an interim decision by Novel Baswedan and a number of other former employees of the Corruption Eradication Commission (KPK) in the judicial review case of the KPK Law entirely depends on the judge's deliberation meeting (RPH).

"It's up to you later how the judge's meeting will respond if there is a provision request," Suhartoyo as Chair of the panel assembly in the preliminary examination of Case Number 68/PUU-XXII/2024 reported by ANTARA, Monday, July 22.

Initially, the attorneys of the petitioners, Lakso Anindito, said that his party wanted to submit an interim decision, one of which was so that the ongoing selection process for candidates for KPK leadership was postponed.

Lakso said the judicial review case of Article 29 letter e of Law Number 19 of 2019 concerning the KPK had been submitted since May 2024.

However, at that time the Constitutional Court focused on handling the dispute over the General Election Results (PHPU) of the 2024 Presidential and Legislative Elections so that they could not immediately hear the cases they submitted.

Meanwhile, the registration for the selection of candidates for the leadership of the KPK for the 2024-2029 period has ended on July 15, 2024. Therefore, the applicants asked the Constitutional Court to decide on the sidelines of the decision.

"Later on in this revision, we will also submit related to the interim decision, Your Honor, if it is allowed so that our applicant does not lose his rights further and still get dispensation or the process could also be postponed to the ongoing selection process," said Lakso.

Regarding this, Suhartoyo said that the Constitutional Court was indeed focusing on handling the PHPU cases of the presidential and legislative elections when Novel and his friends filed the case.

Suhartoyo explained, when the Constitutional Court exercised other powers which coincided with the stages of the law testing case (PUU), the PUU trial stages adjusted to the implementation of other powers in question.

This, he said, had been regulated in Article 82 of the Constitutional Court Regulation Number 2 of 2021 concerning Certificates in the Law Testing Case.

"So, indeed, it is always used as the establishment of the Constitutional Court, the case for testing the law is held (detained), stopped, because indeed the trial (PHPU) for the presidential election is a marathon, even on Saturday-Sundays we don't have holidays," said Suhartoyo.

On the other hand, Suhartoyo said that the request granted in the interim decision depends on the legal argument offered.

"But indeed the Constitutional Court is at the point of granting the interim decision, the provision is very rare. Even though there is indeed (admittedly). That means it is closely related to the case by case (case per case) of relevance and the weight of the arguments submitted," Suhartoyo said.

In this case, Novel Baswedan et al asked the Constitutional Court that Article 29 letter e of the KPK Law, namely regarding the requirements for the age of candidates for KPK leadership, be re-interpreted as:

The lowest age is 50 (fifty) years or experienced as a KPK leader or a minimum of 40 (fourty) years with a minimum experience of 5 (five) years as an employee of the Corruption Eradication Commission, and a maximum of 65 (sixty five) years.