Constitutional Court Extends Term of KPK Chairman, Agency Confirmed to Work Independently

TEMPO.CO, Jakarta – The Constitutional Court decided to extend the term of office of the chairman of the Corruption Eradication Commission or KPK. KPK deputy chairman Johanis Tanak also confirmed that his institution works independently.

This was conveyed by Tanak in response to the opinions of a number of parties who said the KPK would not be independent after the extension tenure. He emphasized that the independence of the KPK is guaranteed by law.

“Whether or not the KPK is independent must be seen from the law, not because of comments from people who are not rational,” said Tanak in his statement on Friday, May 26, 2023.

Tanak said Article 3 of Law No. 19/2019 concerning Corruption Eradication Commission it must be interpreted that the KPK is a state institution that cannot be intervened by any state institution.

This is because, according to Tanak, the KPK is not under the authority of the executive, legislative and judicial bodies. So, he said, the KPK would still be able to work independently.

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Responding to the Constitutional Court’s decision, Tanak said that the decision was valid in the eyes of the law. He said the decision was final, binding, and took effect immediately after it was decided.

“Because the applicant’s request was accepted by the Constitutional Court, the term of office of the KPK leadership from 4 years to 5 years is valid according to law and must be implemented. It can’t be said, because the Constitutional Court’s decision has the same binding legal force as the law,” he said.

Previously, the Constitutional Court granted the lawsuit against the KPK Law. The decision decided to eliminate the age limit for prospective KPK leaders with a minimum age of 50 years and made the term of office of KPK commissioners five years.

It is KPK deputy chairman Nurul Ghufron who is the applicant for filing the judicial review lawsuit at the Constitutional Court. He sued Article 29 and Article 34 of the KPK Law.

“On trial, granted the petitioner’s request in its entirety,” said Chief Justice of the Constitutional Court Anwar Usman reading the decision seen on MK’s YouTube, Thursday, May 25, 2023.

The decision received a lot of criticism from various groups, including from the former KPK personnel themselves. Former KPK deputy chairman Saut Situmorang said the decision had the potential to contain political interests.

“The Constitutional Court’s argumentation and legal reasoning has been colored by political interests. Especially if it’s not a contest in 2024,” Saut said on Thursday 25 May 2023.

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