MK Spokesperson Affirms Constitutional Court Decision Is Immediately Applicable To Firli Bahuri Et Al

Spokesperson for the Constitutional Court (MK) Fajar Laksono said the decision of the panel of judges at the Constitutional Court which extended the term of office from four years to five years immediately applies to the leadership of the KPK for the 2019-2023 period.

"The KPK leadership, who currently serves with a term of 4 years, and will end in December 2023, has his term of office extended for the next 1 year to 5 years," Fajar said as quoted by ANTARA, Friday, May 26.

Fajar said that the consideration regarding the validity of the 112/PUU-XX/2022 decision for the KPK leadership is currently listed in the consideration read out by the panel of judges.

The panel of judges considers the current term of office of the KPK leadership which will end on December 20, 2023, which only has approximately six months left. The Constitutional Court considers it important to provide legal certainty and fair benefits.

Therefore, the Constitutional Court moved to decide the case 112/PUU-XX/2022 in order to provide certainty of the term of office of the KPK leadership for this period. Then, the Constitutional Court decided to change the term of office of the KPK leadership from four years to five years.

"As regulated in the Constitutional Court Law, decisions apply and have binding force since it is finished pronounced in the plenary session of the pronouncement of the verdict," said Fajar.

In addition to the KPK leadership, Fajar also said that the 112/PUU-XX-2022 decision regarding changes in the term of office to five years also applies to the KPK Supervisory Board, which currently also has a duration of four years.

"Changes in the term of office to five years also apply to the KPK Supervisory Board," he said.

Previously, the panel of judges of the Constitutional Court stated that the 4-year term of office of the Corruption Eradication Commission (KPK) was unconstitutional, and changed it to 5 years.

The decision was read by the Chief Justice of the Constitutional Court Anwar Usman during a trial for the pronunciation of the provisions and decisions broadcast on the YouTube channel of the Indonesian Constitutional Court, monitored from Jakarta, Thursday (25/5).

The Constitutional Court stated that Article 34 of Law Number 30 of 2002 concerning the Corruption Eradication Commission, all of which read, "Leaders of the Corruption Eradication Commission hold office for 4 years" contradict the 1945 Constitution of the Republic of Indonesia.

Thus, the article does not have conditionally binding legal force.

"As long as it is not interpreted, the leadership of the Corruption Eradication Commission holds office for five years and can be re-elected only for one term," said Anwar Usman.