Novel Baswedan Et Al Ask The Constitutional Court To Temporarily Stop The Selection Of KPK Capims

Former KPK investigator Novel Baswedan /ANTARA / Fat Putra Mulya)

JAKARTA - Former KPK investigator Novel Baswedan and his colleagues in the judicial review case of the KPK Law asked the Constitutional Court (MK) to impose a provisional decision to temporarily suspend the selection process for the KPK leadership candidate (capim) for the 2024 2029 period.

"Entering the provision or interlocutory decision, basically, we ask Your Honor Hakim to temporarily suspend the selection process for KPK Leadership Candidates for the 2024-2029 period," said Novel Baswedan et al's attorney, Rakhmat Mulyana, while reading one of the provincial guidelines in the trial for the revision of the petition. reported by ANTARA, Monday, August 5.

Novel Baswedan et al. also asked the Constitutional Court to extend the term of office of the Selection Committee for the 2024-2029 KPK Leadership Candidates, until the final decision on the case they submitted.

In addition, they also asked the Constitutional Court to provide an opportunity for the elected President and the Elected DPR for the 2024 '2029 period to elect a candidate for KPK leadership, in accordance with the considerations of the Constitutional Court in Decision 112/PUU-XX/2022.

The 112/PUU-XX/2022 decision is related to the judicial review case of the same article submitted by the Deputy Chairperson of the KPK, Nurul Ghufron.

"As well as ordering the Selection Committee to provide opportunities for applicants to register and follow the series of Selection Processes for Candidates for KPK Leadership 2024-2029," added Rakhmat.

In this case, Novel Baswedan et al. tested the constitutionality of Article 29 letter e of Law Number 19 of 2019 concerning the KPK. This article regulates the age requirements to become a KPK candidate.

According to the petitioners, the application of the article being tested caused them to not meet the requirements, so that Novel and 11 other applicants in this case could not register as KPK candidates for the 2024-2029 term.

They considered that Article 29 letter e of the KPK Law caused constitutional losses and caused legal discrimination. Therefore, Novel et al. asked the Constitutional Court to carry out judicial activism in the cases they submitted.

Article 29 letter e of the KPK Law which was sued by Novel et al, has actually been interpreted as the Constitutional Court's Decision Number 112 / PUU-XX / 2022. The article reads:

To be appointed as the KPK leader must meet the following requirements: e. at least 50 (fifty) years old or experienced as a KPK leader, and a maximum of 65 (sixty five) years in the election process.

Through case Number 68/PUU-XXII/2024, Novel and his colleague who is also a former KPK employee asked the Constitutional Court to interpret the article as:

The lowest age is 50 (fifty) years or experienced as a KPK leader or experienced as a KPK employee who carries out the main function of the KPK, namely prevention or law enforcement of corruption at least one period of office for the KPK leadership, or at the highest aged 65 (sixty five) years.

The cases were filed by 12 applicants, namely Novel Baswedan, Mochamad Praswad Nugraha, Harun Al Rasyid, Budi Agung Nugroho, Andre Dedy Nainggolan, Herbert Nababan, Andi Abd Rachman Rachim, Rizka Anungnata, Juliandi Tigor Simanjuntak, March Falentino, Farid Andhika, and Waldy Gagankka.