The Constitutional Court's Decision On The Authority Of The KPK To Handle Military Corruption, Momentum For Improvement Of TNI Governance

KPK (ANTARA) building

The decision of the Constitutional Court (MK) which affirms the authority of the Corruption Eradication Commission (KPK) to handle corruption cases within the military is considered a great opportunity to improve the governance of the TNI and the Ministry of Defense.

This was conveyed by the Chairperson of the IM57+ Institute, Lakso Anindito, who stated that this step could be the beginning to build a more transparent and accountable system.

"The TNI and the Ministry of Defense must build a more accountable management system, considering that so far there have been criticisms related to transparency in military procurement which often argues for state security reasons," Lakso said in a written statement, Monday, December 2.

Lakso added that the defense procurement program must involve the KPK to ensure accountability, without neglecting national security principles. He emphasized that the Constitutional Court's decision should not only be responded to reactively when there are cases, but must be the basis for building a better system.

The KPK now has strict authority. They should not be subject to any pressure, and must be proactive in investigating military corruption cases," he said.

The IM57+ Institute also hopes that the TNI will respond to this decision with a cooperative attitude. This is important to support the work of the KPK in investigating, investigating, and prosecuting corruption cases involving members of the military.

"The TNI as a state institution must support this effort in order to strengthen its integrity. Meanwhile, the KPK must show its seriousness in handling strategic cases, including in the military sector," said Lakso.

The Constitutional Court's decision expands the meaning of Article 42 of Law Number 30 of 2002 concerning the KPK, which previously only mentioned the authority of the KPK in coordinating and controlling the handling of corruption crimes involving military and general courts. Additional phrases confirm that the KPK can handle military corruption cases, provided that the process begins by the institution.

This decision was taken in the judicial review Number 87/PUU-XXI/2023 submitted by the advocate Gugum Ridho Putra. In its ruling, Chief Justice of the Constitutional Court Suhartoyo stated that Article 42 of the previous KPK Law was conditionally contrary to the 1945 Constitution, so additional phrases were needed.

Lakso assessed that this decision not only reinforces the role of the KPK but is also the starting point for reform within the TNI and the defense sector as a whole. He hopes that this step will increase public confidence in these institutions while strengthening the rule of law.

"With this decision, there is no longer any reason for the KPK not to investigate corruption cases in the military realm. This is an important momentum to create clean and professional governance in the defense sector," he concluded.