KPK Deputy Chairwoman Lili Pintauli Siregar Dismissed By Jokowi After Resigning, What Is The Mechanism Of His Replacement?

Deputy Chairperson of the KPK Lili Pintauli Siregar/ANTARA HO

JAKARTA - President Joko Widodo (Jokowi) signed a presidential decree on the dismissal of KPK Deputy Chair Lili Pintauli Siregar after submitting her resignation.

"President Jokowi has received Lili Pintauli Siregar's resignation letter. President Jokowi has signed the Presidential Decree on the Dismissal of the LPS," said Special Staff of the Minister of State Secretary (Mensetneg) Faldo Maldini when contacted by VOI via text message, Monday, July 11.

After the chair of the KPK was vacant, Lili Pintauli Siregar left. What is the replacement mechanism?

The mechanism for replacing the leadership of the KPK is regulated in Law Number 19 of 2019 concerning the Corruption Eradication Commission (KPK).

Article 32 stipulates that the leadership of the Corruption Eradication Commission has resigned or been dismissed, which reads:

(1) The leadership of the Corruption Eradication Commission resigns or is dismissed because:

a. die;

b. end of his term of office;

c. commit a disgraceful act;

d. become a defendant for committing a crime;

e. permanently absent or continuously for more than 3 (three) months unable to carry out their duties;

f. resign; or

g. be subject to sanctions based on this Law.

(2) In the event that the head of the Corruption Eradication Commission becomes a suspect in a criminal act, the head of the Corruption Eradication Commission is temporarily dismissed from his position.

(3) The head of the Corruption Eradication Commission who resigns as referred to in paragraph (1) letter f, is prohibited for a period of 5 (five) years from the date of his resignation from serving in a public office.

(4) The dismissal as referred to in paragraph (1) and paragraph (2) shall be stipulated by a Presidential Decree.

It also regulates how the replacement mechanism in Article 33 contains provisions

(1) In the event of a vacancy in the leadership of the Corruption Eradication Commission, the President of the Republic of Indonesia shall propose a candidate for a replacement member to the House of Representatives of the Republic of Indonesia.

(2) The replacement members as referred to in paragraph (1) shall be selected from the candidates for the leadership of the Corruption Eradication Commission who were not elected in the House of Representatives of the Republic of Indonesia as long as they still meet the requirements as stipulated in Article 29.

(3) Substitute members of the Corruption Eradication Commission's leadership as referred to in paragraph (1) shall continue the remaining term of office of the replaced Corruption Eradication Commission's leadership.

Meanwhile, Article 29 contains the following provisions:

To be appointed as Chairman of the Corruption Eradication Commission, he must meet the following requirements:

a. Indonesian citizens;

b. fear God Almighty;

c. physically and mentally healthy;

d. holds a law degree or other degree with the most expertise and experience

at least 15 (fifteen) years in the field of law, economics, finance, or banking;

e. aged at least 50 (fifty) years and at most 65 (sixty five) years in the election process;

f. never commit a disgraceful act;

g. capable, honest, have high moral integrity, and have a good reputation;

h. not being a member of the board of a political party;

i. relinquishing structural positions and/or other positions while serving as a member of the Corruption Eradication Commission;

j. does not carry out his profession while serving as a member of the Corruption Eradication Commission; and

k. announce his wealth before and after taking office in accordance with the provisions of the legislation.”