Former Constitutional Justice Dewa Palguna Considers Unreasonable The Constitutional Court's Decision To Extend The Term Of Office Of KPK Leaders

The legal observer who is also a former judge of the Constitutional Court I Dewa Gede Palguna is of the view that it does not make sense to consider the Constitutional Court which decided to change the term of office of the KPK leadership from four years to five years.

"The consideration of the Constitutional Court for this time does not make sense in my opinion. There is no 'decidendi ratio' from that decision. In my opinion, there is no constitutional consideration," said Dewa Palguna, quoted by ANTARA, Friday, May 26.

The Constitutional Court, he continued, should not enter the realm because it is an area that forms the law.

"In other words, I followed the 'dissenting (different) opinion as stated by the four judges of the Constitutional Court. How did the Constitutional Court give the view that the four years were unconstitutional and five years constitutional?" he questioned.

Moreover, he added, then compared it to other positions.

"For example, if the question is why is it not equated with the position of the Constitutional Court or with other terms of office," he said.

Dewa Palguna emphasized that the affairs of the term of office cannot be declared constitutional or unconstitutional.

"Unless it is expressly stated in the 1945 Constitution, such as the five-year presidential term and thereafter it can be re-elected for the same term once. If this one is not," he said.

According to him, the "legal policy" of legislators cannot be influenced by the Constitutional Court by stating that this is constitutional and it is unconstitutional.

"Therefore, because it has become the decision of the Constitutional Court, it has come into effect since it was finished, it has been pronounced in an open session to the public. Article 47 of the Constitutional Court Law states that it has binding legal force, so let alone," he said.

But then, said Dewa Palguna, the decision will belong to the public in the sense that it has now been pronounced in a trial that is open to the public, so the public right to criticize it.

"Including me as part of the public, which happened to have been there (MK)," he said.

Previously, the Constitutional Court granted a judicial review lawsuit regarding the term of office of the KPK leadership from four years, to five years in Article 34 of Law Number 19 of 2019 concerning the KPK.

The application for a judicial review related to the term of office of the KPK leadership was submitted by the Deputy Chairperson of the KPK, Nurul Ghufron.

"Granted the application in its entirety," said Chief Justice of the Constitutional Court Anwar Usman reading the verdict.