Nurul Ghufron Challenges Provision on Age Limit of KPK Leaders

The preliminary hearing of the judicial review of the KPK Law, Thursday (12/1/2022). Photo by MKRI/Ilham W. M.

Thursday, December 1, 2022 | 15:37 WIB

JAKARTA (MKRI) — Corruption Eradication Commission (KPK) deputy chairman Nurul Ghufron challenges the age limit for KPK leaders stipulated in Article 29 letter (e) of Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission. The preliminary hearing for case No. 112/PUU-XX/2022 was held by the Constitutional Court (MK) on Thursday, December 1, 2022 in the panel courtroom both on site and virtually.

The Petitioner’s legal counsel Walidi, who attended the session virtually, conveyed that the Petitioner is an individual Indonesian citizen and the deputy chairman of the KPK who had been appointed after meeting the qualifications based on Law No. 30 of 2002, or the first KPK Law.

“However, the Petitioner believes Article 29 letter (e) of the Law of the Republic of Indonesia No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission is unconstitutional and has harmed the Petitioner,” he said Walidi before Constitutional Justices Arief Hidayat (panel chair), M. Guntur Hamzah, and Daniel Yusmic P. Foekh.

Walidi said the enactment of Article 29 letter (e) of the KPK Law had reduced the Petitioner’s constitutional rights. It originally required that a KPK leader be at least 40 years old and 65 years old at most. After the amendment, the age limit is at least 50 years and 65 years at most, thus restricting the Petitioner, who is not yet 50 years old, from seeking appointment for the second term. This, he argues, is contradictory to Article 34 of Law No. 30 of 2002.

“Thus, it is very clear that the Petitioner, [who] is currently serving as deputy chairman of the KPK, has had his constitutional rights violated and [cannot have] legal certainty [to seek another appointment] in KPK leadership for the next term,” he explained.

Walidi also explained that the Petitioner had lost his right to equality in government, to fair legal certainty and equality before the law, and to obtain a job with fair treatment, due to the enactment of Article 29 letter (e) of the KPK Law.

In his petition, the Petitioner asserted that the age limit for government positions necessitates maturity. Thus, he believes that a person who has experience in a position must also be deemed “legally qualified” to fill that vacancy. He requested that the Court declare Article 29 letter (e) of the KPK Law conditionally unconstitutional and not legally binding as long as there is no condition “having experience as a KPK leader.”

Justices’ Advice

In response to the petition, Constitutional Justice M. Guntur Hamzah advised the Petitioner to examine the posita and petitum. “I see that the posita and petitum are contradictory. On page 13 of the posita, Mrs. Ginting and Mr. Walidi stated that the age limit of 50 years is unconstitutional for KPK chairman. The petitum doesn’t say that it’s unconstitutional. This alternative, right, as one of [the limits] is constitutional. [You believe] the age limit of 50 years is unconstitutional. This needs to be reconsidered,” he said.

Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh said posita point 5 on page 10 and the argument for posita point 21 on page 18 were redundant. “Choose one, either point 5 or point 21,” he said.

The justices gave the Petitioner 14 workdays to revise the petition and submit it by December 14, 2022.

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayudhita
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 12/5/2022 14:08 WIB

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

Thursday, December 01, 2022 | 15:37 WIB 116