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Petitioner of case No. 71/PUU-XVII/2019 conveying points of his petition revision through video conference in the judicial review of the KPK Law, Monday (2/12/2019) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held the revision hearing of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK Law) on Monday (2/12/2019). Deputy Chief Constitutional Justice Aswanto (panel chairman) with Constitutional Justices Enny Nurbaningsih and Manahan M. P. Sitompul (panel members) listened to the petition revision.

Petitions of case No. 70/PUU-XVII/2019 Fathul Wahid and Abdul Jamil, represented by attorney Anang Zubaidy, submitted several points of revision, including on the legal standing. "[We have implemented] some of the revisions that were suggested to us [in the previous hearing], for example the legal standing section has been fixed. The legal standing of Petitioner II was also refined by mentioning that Petitioner II is a lecturer as well as dean as the catur dharma organizer. In this case, this is community service and we also include evidence in the form of the UII’s (Islamic University of Indonesia) statutes/bylaws," Anang said

Petitioner of case No. 71/PUU-XVII/2019 Zico Leonard Djagardo Simanjuntak along with several other Petitioners, including Marco Hardianto, confirmed the previous petition. "In accordance with the Court\'s input, we submit a revised petition. First, related to the authorities of the Constitutional Court.... Then, related to legal standing, Petitioner I is an Indonesian citizen who worked as an expert staff of the DKI Jakarta DPRD. As an expert staff of the DKI Jakarta DPRD, the Petitioner tries to avoid corrupt behavior in the workplace. All of the Petitioner\'s efforts have been in vain and hampered because the Indonesian legal system itself creates weaknesses in eradicating corruption through laws in the a quo case," Marco said.

Petitioner II, Marco said, is an Indonesian citizen and Law Faculty student of the University of Indonesia. He filed the a quo petition because the Law Faculty of the University of Indonesia has many students and alumni who will work and have been working to building and advancing the nation in all aspects of community, nation, and state life. This includes law enforcement efforts that are fair, dignified, clean, and free of corruption, collusion, and nepotism.

"With the enactment of the articles petitioned for review by the Petitioners, [it] will make it difficult for the KPK to eradicate corruption and enforce fair laws," said Marco. 

Petitioners of case No. 73/PUU-XVII/2019 Ricki Martin Sidauruk and Gregorianus Agung revised the legal standing on page 5. "We clarify that our constitutional rights that are protected by the 1945 Constitution. That the constitutional rights of the Petitioners are protected by Article 28C paragraph (2) of the 1945 Constitution including the efforts of the Petitioners to achieve welfare in their own country by participating in combating corruption crimes, especially through investigation. Considering that the role of KPK investigators is very important in combating corruption because the main duty of an investigator is to look for and find an incident that is suspected as a criminal offense to determine whether or not an investigation can be carried out," said Ricky.

On page 6, the Petitioners clarified the word "can" in the a quo article. "The [word] ‘can’ as stipulated in the a quo article is not something that is required or obligated but is more likely to have an optional meaning," said Ricky.

Petition No. 70/PUU-XVII/2019 was filed by academics of the Islamic University of Indonesia (UII) Yogyakarta: Fathul Wahid (Rector), Abdul Jamil (Law Faculty Dean), Eko Riyadi (Director of the Center for Human Rights Studies), Ari Wibowo (Director of the Center for Economic Crime Studies/PSKE of the Law Faculty), and Mahrus Ali (Law Faculty lecturer). Petition No. 71/PUU-XVII/2019 was filed by university student and expert staff of DKI Jakarta DPRD (Regional Legislative Council) Zico Leonard Djagardo Simanjuntak. Petition No. 73/PUU-XVII/2019 was filed by university students Ricki Martin Sidauruk and Gregorius Agung.

They challenged the KPK Law, which they deemed having procedural flaws. They considered the revised KPK Law potentially disrupting corruption eradication agenda. They also revealed that the formation of the drafting of the KPK Law was not in the House’s National Legislative Program (Prolegnas) priority list. They believe the discussion on the law this year very forced. Therefore, they requested the revocation of the KPK Law. (Nano Tresna Arfana/LA)

Translated by: Yuniar Widiastuti

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