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Deputy Chief Justice Aswanto and Constitutional Justices Arief Hidayat and Manahan M. P. Sitompul listening to the Petitioners’ reason to withdraw a petition on the judicial review of the Corruption Eradication Commission Law by KPK employees, Thursday (22/7/2021). Photo by Humas MK/Ilham W. M.

Thursday, July 22, 2021 | 14:33 WIB

JAKARTA, Public Relations—On Thursday, July 22, 2021, the Constitutional Court (MK) confirmed the withdrawal of another material judicial review petition of Law No. 19 of 2019 on the Second Amendment tot Law No. 30 of 2002 on the Corruption Eradication Commission (KPK Law). The petition was filed by nine KPK employees. Before panel chair Deputy Chief Justice Aswanto and Constitutional Justices Constitutional Justice Arief Hidayat and Manahan M. P. Sitompul, attorney Rasamala Aritonang confirmed that his clients had requested that the petition No. 28/PUU-XIX/2021 be withdrawn.

“The withdrawal request was indeed sent by [my clients] and we hope that it be granted. The reason is that we are currently undergoing a legal process that requires legal protection, including to the Ombudsman. In order for the ongoing legal process to receive legal certainty, we withdraw this petition in the Constitutional Court,” Aritonang said virtually from his residence.

In response, Justice Aswanto said that the confirmation of the withdrawal request would be reported at the justice deliberation meeting (RPH), who has the authority to grant or deny the request.

“We will report it at the RPH as soon as possible,” Justice Aswanto said from the plenary hearing, where the constitutional justices attended the hearing in person with strict compliance with the COVID-19 health protocol as set by the Ministry of Health.

Nine KPK employees—Hotman Tambunan, Rasamala Aritonang, March Falentino, Novariza, Andre Dedy Nainggolan, Lakso Anindito, Faisal, Benydictus Siumlala, and Tri Artining Putri—alleged that Article 69B paragraph (1) and Article 69C of Law No. 19 of 2019 on the KPK Law was in violation of Article 28 paragraph (1) of the 1945 Constitution.

Article 69B paragraph (1) reads, “When this Law comes into force, KPK investigators who have not been state civil apparatus employees within a maximum period of 2 (two) years since this Law comes into force can be appointed as state civil apparatus employees as long as they comply with the provisions of legislation.”

Article 69C reads, “When this Law comes into force, Corruption Eradication Commission employees who have not been state civil apparatus employees within a maximum period of 2 (two) years since this Law comes into force can be appointed as state civil apparatus employees as long as they comply with the provisions of legislation.”

The Petitioners believed the articles didn’t have any further regulating information on the status change of KPK employees into state civil apparatus (ASN). This has led to legal uncertainty. In fact, they have been interpreted by the KPK leadership arbitrarily by subjecting KPK employees to civic knowledge testing in the selection process.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 7/22/2021 18:38 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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