BONSERNEWS.com – Decision of the Constitutional Court Number 112/PUU-XX/2022 dated 25 May 2023, changing the KPK leadership period to be extended from 4 years to 5 years, sparked serious debate in the community.
However, in the view of Deputy Chairperson of the DPN of the Gelora Indonesia Party, Fahri Hamzah, the Constitution and Laws (UU) of the Constitutional Court state that the Constitutional Court’s decision is final and binding since it was pronounced in a plenary session open to the public.
“This means that since it was read out, the Constitutional Court’s decision will immediately take effect,” he said, Friday 16 June 2023.
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Fahri’s statement was also to answer public questions about whether the KPK leadership was extended according to the Constitutional Court’s decision or a Selection Committee (Pansel) was formed to elect a new KPK leadership.
Furthermore, Fahri, Deputy Chairperson of the Gelora Party who received serial number 7 in the 2024 Election, said that the validity of the KPK leadership position for 5 years in the era of today’s KPK leadership, is a dimension in considering the decision 112/PUU-XX/2022.
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This can be seen in the Considerations Paragraph (3.17) page 117 which reads, “considering the current term of office of the KPK leadership which will end on December 20, 2023, which is approximately 6 (six) months away, without intending to judge concrete cases, it is important for The Court must immediately decide on the a quo case in order to provide legal certainty and just benefits.”
So, still according to Fahri, the Court hastened to decide on the case so that the Decision provides certainty and fair benefits for the Petitioners in particular and the entire KPK leadership who are in office today.
This means that the KPK leadership under Firli Bahuri, which will end in December 2023, will have his term of office extended for the next 1 year to December 2024.
“If there is someone who views the MK judges as being mistaken for intervening in the law-making area, not really. Because this alignment is also within the context of constitutionalism of the executive power chamber. Except that the KPK is in the judiciary or legislative area,” he said.
Fahri reiterated that the Constitutional Court’s decision is final and binding and that the Constitutional Court’s decision is equivalent to a law. According to him, the judge who decided this case really understood the substance and the circumstances of the case that he decided on Ius curia novit and the judge’s decision must be considered true Res Judidicata Pro Veritate Habetur.
“Apart from that, the MK spokesperson has also stated that the effectiveness of the 5-year term of office for the KPK leadership has come into effect in the current era of KPK leadership. Based on this decision, the Coordinating Minister for Political, Legal and Security Affairs has also stated that the government will comply with the Constitutional Court’s decision so as not to form a Pansel,” he said.
With the extension of the position of the current KPK leadership, said the legislative candidate (Caleg) of the Gelora Indonesia Party from Dapil I of West Nusa Tenggara (NTB), next year there will be integration of policy planning for eradicating corruption between the KPK and the new president.