Boyamin Bin Saiman (Petitioner) conveying the petition’s subject matter at the preliminary hearing for the judicial review of the Corruption Eradication Commission Law, Thursday (11/28/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the preliminary hearing for two cases on the judicial review of Law No. 30 of 2002 on the Corruption Eradication Commission (KPK) on Thursday, November 28, 2024. Case No. 160/PUU-XXII/2024 was filed by advocate Boyamin Bin Saiman, who challenges Article 30 paragraphs (1) and (2) of the KPK Law. Meanwhile, case No. 163/PUU-XXII/2024 on Article 30 paragraph (1) of the KPK Law was filed by the Indonesian Anticorruption Community (MAKI), founded by Boyamin Bin Saiman.

For case No. 160/PUU-XXII/2024, the Petitioner questioned Article 30 paragraph (1) of the KPK Law, which stipulates that the selection of the KPK leadership by the House of Representatives (DPR) select candidates nominated by the president. “I have requested that the President and the House list candidates for members of the KPK supervisory board, whose selection committee should have been formed by the President [elected in] 2024. Since it was not formed by the President [elected in] 2024, I could not apply for the legitimate selection committee. That is my legal standing and constitutional impairment, Your Honors. I did not wish to apply for the selection committee formed by [former president Joko Widodo], since I believe it is illegitimate,” he said.

He argued that the Court had ruled that the term of office of KPK leadership and supervisory board is five years (previously four years) with certain considerations, one being the KPK’s independence. Thus, the selection is only conducted once by the president and the House. President Joko Widodo established the selection committee in 2019, but the committee for the selection for the 2024-2029 term should have been formed by President Prabowo Subiyanto.

The Petitioner emphasized that after the Constitutional Court Decision No. 112/PUU-XX/2022, the committee for the selection of KPK leadership and supervisory board for the 2024-2029 term should have been formed by the president of the 2024-2029 term, i.e. Prabowo Subiyanto. He should have left the committee’s results to the House of the 2024-2029 term to discuss. Five elected candidates would then be inaugurated KPK leadership and supervisory board for the 2024-2029 term.

Next, Bin Saiman explained the subject matter of the case No. 163/PUU-XXII/2024. He said MAKI was trying to prevent any lawsuits by defendants alleging that the KPK leadership selection was illegitimate, given that the selection committee was not formed by the president of the 2024-2029 term.

“MAKI’s constitutional impairment and legal standing is that the KPK [should] not be sued by defendants due to illegitimate leadership,” he revealed.

Therefore, in the petitum, he requested that the Court declare the word “President” in Article 30 paragraph (1) of the KPK Law conditionally unconstitutional and not legally binding if not interpreted as, “The President whose term of office is the same as the candidates for KPK Leadership and Supervisory Board.” He also asked the Court to declare the word “Government” in Article 30 paragraph (2) of the KPK Law unconstitutional and not legally binding if not interpreted as “The Government whose term of office is the same as the candidates for KPK Leadership and Supervisory Board.”

Justices’ Advice

In response, Constitutional Justice Arief Hidayat advised the Petitioner to clarify the article petitioned for review. “Is it the entirety of Article 30 paragraphs (1) and (2) or only the words ‘President’ or ‘Government’? It must be clear. This way, it is as if it was Article 30 paragraphs (1) and (2), while upon reading, only the words ‘President’ and ‘Government’. Please clarify this,” he said.

Author            : Utami Argawati
Editor            : N. Rosi
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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