Jakarta –
Third Committee member DPR RI Arsul Sani Response to the lawsuit filed by KPK Deputy Chief Commissioner Nur Guvron from 4 years to 5 years before the Constitutional Court (MK). In fact, the terms of the current mandate are appropriate, Arsul said.
“I think it is appropriate, even if it needs to be reduced. I don’t think it is 4 years, only 3 years is enough for the future leadership of KPK” / 2023), Arsul said at Senayan Parliament Complex, Jakarta, Tuesday (16/5).
According to him, a long period of service has the potential for public officials to abuse their authority. It was considered that the reduction of the tenure of office would in fact suppress this possibility.
“The longer the term of office is the possibility, that is the probability, yes, the possibility of abuse of power is also high. One way to reduce the possibility of abuse of power is to reduce the term of office,” Arsol said.
Moreover, Arsul also highlighted Givron’s reason for suing the collective position of KPK Commissioner because it was considered unfair to heads of other state institutions who were given a collective term of 5 years. He said that the leadership of the KCP was different from the positions of ministries or other state institutions.
“So when you compare on an Apple-to-Apple basis between other state officials who are not law enforcement officials and state officials who are law enforcers like the KPK commissioners, it’s not appropriate, it’s different,” Arsul said.
“Now, because of this difference, the term of office is also different. There are law enforcers whose term of service is 5 years also under normal circumstances, for example, who is the Attorney General, but remember that the Attorney General is part of the cabinet can be reshuffled by President”.
Test subjects Ghufron in MK
There are three reasons why Gufron asked the Constitutional Court to change the term of office of the KCP leadership from four years to five years. First, he referred to Article 7 of the 1945 Law related to the period of rule in Indonesia which is in the period of 5 years.
“The legal ideal as stated in Article 7 of the 1945 Constitution, the term of government in Indonesia is 5 years, so the entire term of government should be 5 years,” he said.
Guvron also compared tenures in 12 non-ministerial government institutions such as Komnas Ham and Boaslu. It is known that dozens of state institutions have a mandate for their leaders for 5 years at a time.
“There are twelve non-ministerial government institutions (auxiliary government bodies) e.g. Komnas HAM, ORI, KY, KPU, Bawaslu etc. all of them are 5 years old. Thus they violate the principle of justice as in Article 27 and Article 28d of 1945 Gufron said the constitution is (unconstitutional) if it is not corrected/equalized.”
In the latter reason, Guvron said that the KPK’s four-year term of office is contrary to the National Development Plan contained in Law No. 25 of 2004. He considered that changing the term of office would also equate the KPK’s eradication of corruption program with that of the government. National development plan.
“The time period for national development planning according to Law 25/2004 is 25 years RPJPN, and the fifth RPJMN will have consequences for planning monitoring and evaluation of development, so if the program to eliminate corruption is 4 years, it will be difficult and not synchronized with the evaluation of the results of its performance in Eliminate corruption”.
See also “When Nur Al-Ghufran admits to handing over the letter of dismissal to Brigadier Endar”:
(DWR/ISA)
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