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Article 29 Sub-article d of Law No. 30 of 2002 regarding Corrupation Eradication Commission (KPK Law) containing the requirements for becoming the Leadership of the KPK of having to “possess a diploma of Sarjana Hukum (Bachelor’s Degree in the Field of Law) or other First University Degrees who have expertise and experience of at least 15 (fifteen) years in the field of law, economy, finance or banking”, are not contradictory to the 1945 Constitution. The opinion was expressed by the Constitutional Court (MK) in a hearing for the reading out of decision for case number 19/PUU-V/2007 filed by Ravavi Wilson, on Tuesday (13/11), at the Constitutional Court Building.

Ravavi who serves as the General Chairman of the State Assets Recovery Board (BPKN), when following the 2007 KPK leadership candidate recruitment selection was rejected by the KPK Leadership Candidate Recruitement Selection Committee under the pretext of not meeting the requirements of such article. Consequently, Ravavi assumes that his constitutional rights have been impaired.

MK in its legal consideration on the decision explained that the requirements determined by laws to hold a public position or certain occupation could not be said as a violation of human rights or constitutional rights of critizens. Moreover, if the requirements are referred to a position or occupation which due to its nature really demands certain expertise and/or skill. Subsequently, according to the MK, the thing prohibited is the setting of discriminative requirements that are not related at all to the demand of need for filling a position or occupation.

With regard to the speciality of the KPK leadership position, the MK explained that the matter was caused by the nature of criminal acts of corruption that is extraordinary that the legislators realize and admit that the existing institutions (prior to the establishment of the KPK) are not optimum yet in performing their functions to eradicate criminal acts of corruption. Therefore, the legislators deem necessary to establish a separate institution, namely the KPK that is provided with enourmous authorities and extensive duties in the context of preventing and erdicating criminal acts of corruption.

In light of the extensive authorities and duties of the KPK, the requirements of expertise and/or skill as well as profesionalism obviously constitute a necessity that must be possessed by every one who intends to receive such authorities and duties. Consequently, if later on the legislators set tight requirements for filling the position of the KPK Leadership, the requirements constitute reasonably acceptable requirements.

Furthermore, the MK expressed that the provisions of Article 29 Sub-article d of the KPK Law that require that a KPK Leadership Candidate must “possess a diploma of sarjana hukum or other first university degrees who has expertise and a minimum experience of 15 (fifteen) years in the field of law, economy, finance or banking” constitute a demand of need pursuant to the institutional nature of the KPK as reflected in its authorities and duties. (Luthfi Widagdo Eddyono)

Tuesday, November 13, 2007 | 14:48 WIB 182
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