Decision of The Constitutional Court Regarding the Term of Office of The Head of The Corruption Eradication Commission

Abstract

Purpose: The aim of this research is: To find out the term of office of the leadership of the Corruption Eradication Commission in Indonesia and the legal considerations of Constitutional Court Decision No.112/PUU-XX/2022 regarding the term of office of the leadership of the Corruption Eradication Commission. Methode: This research was conducted using normative legal analysis, with the approach method being the statutory regulation approach. An analysis of the results of this research is carried out by criticizing, supporting, or providing comments, then making a conclusion on the research results with your thoughts and the help of a literature review. Result: Constitutional Court Decision Number 112/PUUXX/2022, the term of office of the KPK leadership will be 5 (five) years and they can be re-elected for only one term of office. Conclusions: The Constitutional Court granted the request for an extension of the term of office of the KPK leadership with considerations, namely: Firstly, there is discriminatory and unfair treatment towards the KPK when comparing it with other independent government institutions which have the same constitutional importance. Firstly, there is discriminatory and unfair treatment towards the KPK if it equates it with other independent government institutions which share constitutional importance, namely having a term of office of 5 years. Second, because based on the principles of benefit and efficiency, the 5-year term of office for the leadership of the Corruption Eradication Committee is much more useful and efficient so that it can correspond to one term of office for the president.