Syukur Destieli Gulo during the material judicial review of Article 30 paragraph (1) and (2) of Law No. 30 of 2002 on the Corruption Eradication Commission (KPK), Wednesday (5/3). Photo by MKRI/Bayu.

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Jakarta (MKRI) – A legal consultant, Syukur Destieti Gulo, submitted a material judicial review of Article 30 paragraph (1) and (2) of Law No. 30 of 2002 on Corruption Eradication Commission (KPK) to the Constitutional Court. The case's preliminary hearing was held on Wednesday, March 5, 2025.

In the petition of Case No. 3/PUU-XXIII/2025, Syukur Gulo highlighted the selection process; proposing and selecting KPK Leadership for 2024-2029 was considered to contradict the principle of rule of law. According to him, state officials must comply with the prevailing regulations, including selecting the anti-corruption agency leadership.

Syukur, who attended the hearing without legal counsel, stated that if the selection or recruitment of the KPK Leadership were made by the previous president (2019-2024), the KPK leadership independence for the period of 2024-2029 would potentially be disturbed. He deemed that there was a potential conflict of interest, especially if the existing KPK leadership wants to re-apply for the selection because they will be selected by the committee formed by the President of 2024-2029 and proposed by the same president. “KPK leadership who wants to reapply for the next period cannot escape conflict of interest. Because KPK Leadership for the next period (2029-2034) will be proposed by the President of 2024-2029,” he said.

According to Syukur, ideally, the selection and proposal of KPK leadership candidates was made by the President, who has the same tenure period as the House of Representatives (DPR). Otherwise, the selection of the KPK leadership must be made by the DPR, which has the same tenure period as the President. However, in reality, the recruitment and proposal process of the KPK leadership for 2024-2029 was made by the President of 2019-2024, while the Commission III of the DPR for 2024-2029 made the selection on November 21, 2024.

The Petitioner asserted that the difference between the President’s tenure of office who conducted selection and the DPR who elected the KPK leaders was not in line with the Constitutional Court Decision No. 112/PUU-XX/2022. The decision provides that the KPK leadership selection must be made by the President and DPR, which have the same tenure of office, to maintain the KPK's independence. Otherwise, the Petitioner deemed the KPK Leadership for 2024-2029 unconstitutional and illegitimate. “Firmly, according to the Petitioner, the KPK leaders for 2024-2029 are unconstitutional and illegitimate,” Syukur affirmed.

Moreover, the Petitioner argued that the discrepancy in the selection and election process of the KPK leaders had violated his constitutional rights as a citizen, namely the right to obtain state administration based on the law and constitution. Hence, he requested the Court to emphasize the meaning of the phrases “House of Representatives”, “President”, and “Government”, in Article 30 paragraph (1) and (2) of the KPK Law so that it would be in line with the Constitutional Court Decision No. 112/PUU-XX/2022.

Responding to the petition, Justice Daniel Yusmic P. Foekh advised the Petitioner to strengthen the legal standing. “It needs elaboration to convince the Court that you [Syukur] have the legal standing,” Justice Daniel said.

Meanwhile, Chief Justice Suhartoyo asked the Petitioner to elaborate on the petition's reasonings or posita. “Related to the posita, it needs to be elaborated,” Chief Justice Suhartoyo stated.

The Panel of Justices gave 14 days to the Petitioner to revise his petition. The revision should be submitted by Tuesday, March 18, 2025, at the latest.

Author: Utami Argawati.

Editor: N. Rosi.

PR: Andhini SF.

Translator: Rizky Kurnia Chaesario

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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