Novel Baswedan after attending a judicial review hearing of the KPK Law on requirements for KPK commissioners, Monday (8/5/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Novel Baswedan and colleagues have filed a provisional petitum in their judicial review petition of 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) as the Constitutional Court (MK) has reinterpreted in Decision No. 112/PUU-XX/2022. The requested that the Court halt the selection process of KPK commissioners for the 2024-2029 term.

“Before [the Court] hands down a final decision, the Petitioners ask the Excellencies Constitutional Justices to hand down an interlocutory decision on the a quo petition by declaring: the selection of candidates for KPK leaders for the 2024-2029 term be temporarily halted, the term of the selection committee of candidates for KPK leaders for the 2024-2029 term be extended until the Constitutional Court’s final decision on the a quo subject matter, and for the Court to give the president-elect and DPR members-elect for the 2024-2029 term the opportunity to select candidates for KPK leaders in accordance with the Constitutional Court’s considerations in Decision No. 112/PUU-XX/2022 and to order the selection committee to provide an opportunity for the Petitioners to register and take part in the selection process of candidates for KPK leaders for the 2024-2029 term,” said legal counsel Lakso Anindito at the petition revision hearing on Monday, August 5, 2024.

The Petitioners explained that the selection committee of candidates for KPK leaders and supervisory board had announced 382 applicants who had passed the administrative selection by the end of the registration period on July 15. The administrative selection applies an age limit following Article 29 letter e of the KPK Law, which the Petitioners did not meet, so they could not register. They allege that this has led to obvious constitutional impairment since the announcement of the administrative selection stage by the committee.

Also read: Ex-KPK Employees Challenge Commissioners’ Age Requirement

Police ASN Novel Baswedan, Mochamad Praswad Nugraha, and Rizka Anungnata; civil servants/PNS Harun Al Rasyid, Budi Agung Nugroho, Andre Dedy Nainggolan, Herbert Nababan, Andi Abd Rachman Rachim, and Juliandi Tigor Simanjuntak; as well as private employees March Falentino, Farid Andhika, and Waldy Gagantika have claimed that the enforcement of Article 29 letter e of the KPK Law infringes upon their constitutional rights guaranteed by Article 27 paragraph (1), Article 28D, and Article 28I of the 1945 Constitution.

“We believe that our experience in fighting corruption at the KPK should be considered by Your Honors,” said Novel at the preliminary hearing for Case No. 68/PUU-XXII/2024 on Monday, July 22 in the plenary courtroom.

As former KPK employees, the Petitioners’ constitutional right had been harmed as they are deemed ineligible to join the KPK commissioner selection for the 2024-2028 term. This is because Article 29 letter e of the KPK Law as reinterpreted by the Constitutional Court Decision No. 112/PUU-XX/2022 reads, “In order to be eligible to be appointed a Corruption Eradication Commission Commissioner, a candidate must be: e. at least 50 (fifty years old) and or have experience as a KPK Commissioner, and at most 65 (sixty-five) years old during the year of selection.”

The Petitioners claim to have over 10 years of experience as KPK employees, with ages below 50 but above 40, which previously fit the minimum age requirement for KPK commissioner candidacy before the revised 2019 KPK Law was enforced. However, with the enforcement of Article 29 (e) of the KPK Law, they cannot run for the KPK commissioner for the 2024-2028 term due to not meeting the minimum age requirement.

They argue that the minimum age requirement of 50 years for KPK commissioners is not stipulated in the Constitution, thus it falls under the legislatures’ open legal policy. The minimum age requirement of 50 years and the maximum age of 65 years have excluded the Petitioners, who are under 50, from running for KPK commissioners for the 2024-2028 term.

The Petitioners propose that to prevent constitutional harm, Article 29 letter e of the KPK Law should be reinterpreted again by the Court to read, “at least 50 (fifty years old) and or have experience as a KPK Commissioner or at least 40 (forty) years old with at least 5 (five) years of experience as a Corruption Eradication Commission staff, and at most 65 (sixty-five) years old.”

Author         : Mimi Kartika
Editor          : Lulu Anjarsari P.
PR              : Raisa Ayuditha Marsaulina
Translator    : Yuniar Widiastuti (NL)

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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