The Constitutional Court (MK) has ruled that KPK leaders do not have\nto relinquish their previous positions. The KPK considers this decision\nto be appropriate.<\/p>\n
\u201cThe KPK respects and appreciates the Constitutional Court\u2019s\ndecision, which we deem appropriate, proportional, and providing legal\ncertainty,\u201d said KPK spokesperson Budi Prasetyo to reporters on Thursday\n(30\/4\/2026).<\/p>\n
Budi stated that this decision closes the door to multiple\ninterpretations and safeguards the integrity of KPK\u2019s independence. He\nsaid the ruling can minimise potential conflicts of interest through a\nnon-activation mechanism for previous positions.<\/p>\n
\u201cFor the KPK, the most important thing is that integrity and\nindependence remain the primary foundation. This is reinforced by our\ncollective collegial working system, where every strategic decision is\ntaken jointly by the leadership,\u201d he explained.<\/p>\n
He noted that the decision strengthens KPK\u2019s governance. He said the\nruling will bolster efforts to eradicate corruption.<\/p>\n
\u201cWe view this decision as strengthening KPK\u2019s institutional\ngovernance to remain professional, independent, and effective in\ncarrying out its mandate to eradicate corruption,\u201d he stated.<\/p>\n
It is known that the MK partially granted the lawsuit regarding\nArticle 29 letters i and j of Law No.\u00a019 of 2019 on the KPK. The MK\nstated that becoming a KPK leader no longer requires relinquishing\nprevious positions.<\/p>\n
This judicial review application is registered under number\n70\/PUU-XXIV\/2026, filed by Marina Ria Aritonang (petitioner I), Syamsul\nJahidin (petitioner II), and Ria Merryanti (petitioner III). The\npetitioners argued that the provisions of Article 29 letters i and j of\nthe KPK Law contradict their constitutional rights as guaranteed in\nArticle 27 paragraph (1), Article 27 paragraph (3), and Article 28D\nparagraph (1) of the 1945 Constitution of the Republic of Indonesia.<\/p>\n
The petitioners challenged the phrase in Article 29 letter i of the\nKPK Law, which requires prospective KPK leaders to \u201crelinquish\nstructural positions and\/or other positions while serving as members of\nthe Corruption Eradication Commission.\u201d They considered the phrase\n\u201crelinquish\u201d in the article to create multiple interpretations and could\nlead to potential conflicts of interest.<\/p>\n
However, the MK held a different view. The MK opined that the KPK is\na non-structural independent institution established by law, so the\nposition of KPK leadership falls under the category of positions that\ncan apply a temporary suspension mechanism.<\/p>\n
The MK gave an example of active police members or officers under\nArticle 28 of Law No.\u00a02 of 2002 on the National Police of the Republic\nof Indonesia (Law 2\/2002), which requires active police officials to\nresign or retire from police service if they hold positions outside the\npolice that are not related to the police.<\/p>\n
\u201cThus, based on the considerations in the decision, in this context,\nthe use of the word \u2018nonaktif\u2019 is more appropriate, concrete, and\nprovides legal certainty, as it allows adjustment of meaning according\nto each legal regime. For instance, temporary dismissal for civil\nservants and resignation or retirement for police members\/officers,\nthereby still ensuring no conflicts of interest or dual positions\nwithout sacrificing the principles of proportionality and legal\ncertainty,\u201d he said.<\/p>\n
The MK also emphasised that the phrase \u201cnonaktif\u201d means not carrying\nout the position, duties, functions, authority, rank, or profession from\nthe original institution, including other administrative actions, while\nserving as KPK leadership.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/kpk-deems-mks-decision-correct-kpk-leaders-do-not-need-to-relinquish-previous-positions-1777546508", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }