The judicial review hearing of the Law on the Corruption Eradication Commission, Wednesday (12/14/2022) to hear the revisions to the petition. Photo by MKRI/Ilham W. M.

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Wednesday, December 14, 2022 | 15:12 WIB

JAKARTA (MKRI) — The judicial review of Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission continued on Wednesday, December 14, 2022 in the panel courtroom of the Constitutional Court (MK). The petition No. 112/PUU-XX/2022 was filed by Corruption Eradication Commission (KPK) deputy chairman Nurul Ghufron.

Before Constitutional Justices Arief Hidayat (panel chair), M. Guntur Hamzah, and Daniel Yusmic P. Foekh, legal counsel Periati Br Ginting conveyed the revisions to the petition. “We have made several revisions and changes and added touchstones,” she said.

She conveyed that Article 34 of the KPK Law was also added to the object of the petition. The constitutional impairment in the elaboration of legal standing was divided into three points. “The background of the petition, since the object was added, is divided into two. We also mention comparisons to past cases and petitum,” she explained.

Another legal counsel, Walidi, said that the change of age limit from 40 years to 50 has harmed the Petitioner since he lost his right to fair legal certainty. “The Petitioner has the right to be re-elected, but the change in age limit has caused a delay, thus violates Article 28D of the 1945 Constitution,” he explained.

At the hearing, Constitutional Justice M. Guntur Hamzah said the change was an open legal policy, but contrasted with the Petitioner’s loss.

“Since there is constitutional impairment, you concluded that the norm is unconstitutional, but it is said to be an open legal policy. The change from 40 [years] to 50 is an open legal policy, but it has harmed the Petitioner, so you concluded that it is against Article 28D paragraphs (1), (2), and (3) (of the 1945 Constitution), correct? Is that accurate? There is also additional petitum,” he asked.

Also read: Nurul Ghufron Challenges Provision on Age Limit of KPK Leaders

Corruption Eradication Commission (KPK) deputy chairman Nurul Ghufron was appointed after meeting the qualifications based on Law No. 30 of 2002, or the first KPK Law. However, the enactment of 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 has reduced his 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.

In his petition, the Petitioner argued that he had been restricted from seeking re-appointment as a KPK leader. He believes 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 argues that he has 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. He requested that the Court declare the article conditionally unconstitutional and not legally binding as long as there is no condition “having experience as a KPK leader.”

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

Translation uploaded on 12/16/2022 13:49 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.

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