Jakarta, CNN Indonesia —
A number of parties, ranging from anti-corruption activists, former KPK investigators to members of the DPR, criticized the decision of the Constitutional Court (MK) which changed the term of office for KPK leaders to five years from four years.
Researcher at the Center for Anti-Corruption Studies (Witness) Faculty of Law, University of Mulawarman (Unmul) Herdiansyah Hamzah considered the decision to be unreasonable.
He believed that the arguments of the five constitutional judges who granted the KPK Deputy Chairperson Nurul Ghufron’s request were weak and deviated from the two Articles in the KPK Law which regulate the age limit requirements for candidates for KPK leadership and the periodization of KPK leadership positions.
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“In my opinion, the Constitutional Court’s decision makes no sense,” said Herdiansyah, Thursday (25/5).
Regarding the 50-year age limit requirement for candidates for KPK leadership as stipulated in Article 29 letter e of the KPK Law, the man who is familiarly called Castro highlighted the Constitutional Court’s decision which added the phrase “or experience as a KPK leader”. According to him, this is not common in the selection of state institutions.
The decision, said Castro, seemed only to accommodate the subjective interests of Nurul Ghufron who wanted to run again but was constrained by age.
Second, regarding the addition of the term of office of the KPK leadership from four years to five years. Castro admitted that he did not find the basis of the Constitutional Court’s argument in the ratio decidendi or decision considerations.
“Moreover, the KPK is a law enforcement agency, where the longer the term of office the more open the potential for abuse of power (abuse of power),” he said.
Director of the Center for Constitutional Studies (PUSaKO) Faculty of Law, University of Andalas, Feri Amsari, assessed that this decision could not apply to Firli Bahuri Cs. According to him, the decision will only apply to the KPK leadership for the next term.
The term of office of Firli Bahuri Cs and members of the KPK Supervisory Board will expire at the end of this year.
“When viewed in the context of the application of the law, it cannot be applied to extend the term of office of the current KPK leadership, because that would be tantamount to retroactively enforcing the Constitutional Court’s decision. What is appropriate is to apply it to the KPK leadership for the next period,” said Feri.
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