Age Requirement for KPK Leaders an Administrative Code

House Commission III member Supriansa testifying at the judicial review hearing of the Law No. 19 of 2019 on the Corruption Eradication Commission virtually, Tuesday (2/7/2023). Photo by MKRI/Ifa.

Tuesday, February 7, 2023 | 13:13 WIB

JAKARTA (MKRI) — The age requirement for a position in a state institution is regulated in statutory laws and regulations as an administrative code and for the sake of legal certainty. A public office candidate is expected to be able to carry out their duties and obligations wisely and be responsible to the community, nation, and state, said House of Representatives (DPR) Commission III member Supriansa at the judicial review hearing of Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2002 on the Corruption Eradication Commission (KPK Law) in the plenary courtroom on Tuesday, February 7, 2023.

He said equality before the law does not mean that everyone is in the same position without any differences, but rather everyone has equal recognition before the law. Different regulations on the age limit of KPK leaders in Law No. 30 of 2002 was made by the legislators by taking into account aspects and conditions at the time it was formed and it was expected that it would affect the implementation of the KPK's duties.

“The petition for the Court to provide a regulation in the a quo article actually has the consequence that the age limit set by the legislators would become unclear if it was also interpreted as having experience as KPK leaders,” Supriansa said before Chief Justice Anwar Usman and the other seven constitutional justices.

He asserted that the age limit in Article 29 letter (e) of the KPK Law were intended by the legislators to apply to everyone regardless of whether the person had been a KPK leader or not. The Petitioner’s petitum would mean that experience as a KPK leader would be a priority even though it does not fulfill the provision of Article 29 letter (e) of the KPK Law.

He added that the Petitioner’s right to re-apply as KPK chairman is guaranteed as long as he meets the requirements in the statutory provisions, especially regarding the age limit. Therefore, the age limit does not conflict with Article 28D paragraph (1) of the 1945 Constitution.

Supriansa also emphasized that the Petitioner would need to understand the meaning of discrimination as stipulated in Article 1 paragraph (3) of the Human Rights Law, i.e. any limitation or exclusion based on differences on the basis of religion, race, gender, language, and political beliefs.

Also read:

Nurul Ghufron Challenges Provision on Age Limit of KPK Leaders

Nurul Ghufron Revises Petition against Provision on Age Limit of KPK Leaders

Corruption Eradication Commission (KPK) deputy chairman Nurul Ghufron, who filed the petition No. 112/PUU-XX/2022, 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 2/8/2023 15:55 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.

Tuesday, February 07, 2023 | 13:13 WIB 229