JAKARTA - A constitutional law lecturer at Andalas University, Feri Amsari, questioned the reason why the Constitutional Court (MK) knocked on the decision to extend the term of office ahead of the selection of new leaders.
"This is a big question why it was decided before the selection process," Feri told reporters in a written statement, Thursday, May 25.
Even so, Feri said the decision must be obeyed but not in the era of Firli Bahuri et al's leadership. "Because according to the Constitution everyone must be protected from the enforcement law that applies retroactively," he said.
"This includes the Constitutional Court's decision. In my opinion, despite all the debates over the Constitutional Court's decision, this decision cannot apply retroactively to the current leadership," continued Feri.
As previously reported, the Constitutional Court granted the request for a judicial review submitted by the Deputy Chairperson of the KPK, Nurul Ghufron, today, Thursday, May 25. This decision was read out by Chief Justice of the Constitutional Court Anwar Usman at the Decree and Decision Speech Session.
"Declaring Article 34 of the KPK Law which originally reads 'KPK leaders hold office for 4 years and can be re-elected only for one term' contrary to the 1945 Constitution and do not have conditionally binding legal force as long as it is interpreted as 'KPK leaders hold office for 5 years and can be re-elected only for one term of office,' said Chief Justice of the Constitutional Court Anwar Usman, which was broadcast on the MK YouTube channel.
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There were several considerations in the decision. Among them, for the sake of alignment, because the four-year term scheme, recruitment was carried out twice, namely December 2019 and December 2023.
Meanwhile, Ghufron thanked the Constitutional Court for granting his lawsuit. "This is a victory with a democratic constitution," Ghufron told reporters, Thursday, May 25.
Ghufron said he welcomed the decision. This is because the panel of judges considered the lawsuit.
"Also to all people who have paid attention and helped provide views both pros and cons," he said.
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