Mualimin Abdi representing the Government to testify at the material judicial review hearing of Law No. 19 of 2019 on the Corruption Eradication Commission, Tuesday (2/21/2023). Photo by MKRI/Ifa.
Tuesday, February 21, 2023 | 14:28 WIB
JAKARTA (MKRI) — The age requirement for Corruption Eradication Commission (KPK) leaders following 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 (KPK Law) is necessary, said the Law and Human Rights Ministry’s Director-General for Human Rights Mualimin Abdi on behalf of the Government at the fourth judicial review hearing of the KPK Law for case No. 112/PUU-XX/2022 on Tuesday, February 21, 2023.
“So, for fulfilling the right to obtain opportunities, conditions need to be regulated and determined as long as […] the fulfillment of these conditions is demanded by the position or activity of the government concerned, [and] of course it does not contain elements that are discriminatory,” he said before the panel chaired by Chief Justice Anwar Usman.
He added that it is necessary to determine the minimum and maximum age limits in the a quo provision as a general and non-discriminatory requirement. The Government asserted that these age limits are not a matter of constitutionality of the provision.
“Because this is closely related to open legal policy, which of course can be changed at any time by the legislatures, namely the DPR and the Government based on the legal needs of the community or matters that really need to be regulated to increase or decrease the age requirement to become a KPK leader,” Mualimin said.
He also asserted that Article 34 of the KPK Law is not one of the articles amended in the Law as it is considered still relevant and, thus, remains in force.
“Therefore, it has not been changed. However, this provision means that the KPK leadership, both sitting leaders appointed concurrently and replacement leaders appointed to replace leaders whose term expires after 4 years and can be re-elected only for one term,” he explained.
In addition, the determination the four-year term certainly cannot be equated with that in other institutions because the legislatures have different reasons in setting the terms of office for state institutions.
“Therefore, the a quo provisions are not discriminatory because at the same time being equal before the law does not mean putting all things in the same position without any differences but rather giving everyone equal treatment before the law. There is a difference regarding the age limit for KPK leaders in Law 30/2002 concerning KPK and the second amendment to the KPK Law was of course made by the legislators taking into account the aspects and conditions that existed when the law was discussed in the DPR, “said Mualimin.
KPK’s Testimony
Head of the KPK’s Legal Bureau, Ahmad Burhanudin, represented the KPK as a Relevant Party at the hearing. In line with the Government’s statement, Ahmad said the age requirement as stipulated in the KPK Law is an open legal policy for the House of Representatives (DPR) and the Government as legislatures.
He added that human resources who lead and manage the KPK is important. The KPK Law, thus, provides a strong legal basis for the consistency of these human resources in carrying out their duties and authorities in accordance with the Law. According to Article 1 point 3 in conjunction with Article 3 of the KPK Law, the KPK is a state institution within the executive branch of power that carries out the duties and powers of eradicating corruption. It is independent and free from the influence of any power.
“And the KPK is led by a collegial collective leader. The KPK does not have the authority to determine the age and term requirements for KPK leadership. Based on this, the KPK leaves the review of the constitutionality of Article 29 letter e and Article 34 of the KPK Law in the a quo case to the Constitutional Court, which has the authority to review laws against the Constitution,” Ahmad added.
Also read:
Nurul Ghufron Challenges Provision on Age Limit of KPK Leaders
Nurul Ghufron Revises Petition against Provision on Age Limit of KPK Leaders
Age Requirement for KPK Leaders an Administrative Code
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 2/24/2023 10:00 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 21, 2023 | 14:28 WIB 333