CONSTITUTIONAL COURT EXTENDS KPK LEADERSHIP TO 5 (FIVE) YEARS
Based on Constitutional Court (“MK”) Decision No. 112/PUU-XX/2022, the term of office for leaders and members of the Corruption Eradication
Commission (“KPK”) is five years. The Panel of Judges of the MK considered that in accordance with Article 1 point 3, the KPK is a state institution. This is emphasized in Article 3 of Law Number 19 of 2009, which reads, “The KPK is a state institution
in the executive power cluster which in carrying out its duties and authorities is independent and free from the influence of any power.” That provision has been affirmed by MK Decision No. 70/PUU-XVII/2019. With this affirmation, the value of the KPK’s institutional
independence, which is free from the influence of any branch, is a crucial element in the formation and arrangement of the KPK’s institutional design.
Thus, the constitutional position of the KPK is the same as other state institutions, such as the Ombudsman, the Human Rights Commission, and other
state institutions. Before this MK Decision, Article 34 of Law no. 30/2002 stipulates the term of office for KPK leaders to be 4 (four) years. However, the MK considered the provisions of Article 34 to be contrary to the legal ideals of the term of office
for officials of state institutions as referred to in the 1945 Constitution, which stipulates that members of state institutions, whether formed based on the Constitution or mandated by law, have a term of office of 5 (five) years.
Source:
MK Decision Number 112/PUU-XX/2022, 25 May 2023.
The explanation above is taken from Constitutional Court Decision Number 112/PUU-XX/2022, which can be accessed at
https://www.mkri.id/public/content/persidangan/decisan/decision_mkri_9021_1684993548.pdf
Best regards
Fredrik J. Pinakunary