KPK Deems Constitutional Court Ruling on Leadership Positions as Appropriate, Closing Room for Multiple Interpretations

JAKARTA, KOMPAS.com - The Corruption Eradication Commission (KPK) has stated that the Constitutional Court’s (MK) ruling regarding KPK leaders not being required to permanently relinquish their previous positions or professions, but merely to be in inactive status, is appropriate. KPK Spokesperson Budi Prasetyo said the decision closes the door to multiple interpretations and minimises conflicts of interest. “The KPK respects and appreciates the Constitutional Court’s ruling, which we deem appropriate, proportionate, and providing legal certainty. This decision not only closes the room for multiple interpretations but also maintains the dignity of the KPK’s independence, while minimising the potential for conflicts of interest through the mechanism of inactivity from previous positions,” Budi said in a press release on Thursday (30/4/2026). With this mechanism, he added, the space for subjectivity can be reduced, checks and balances remain maintained, and public accountability is strengthened. “We view this decision as strengthening the KPK’s institutional governance to remain professional, independent, and effective in carrying out its mandate to eradicate corruption,” he stated. The MK ruled that KPK leaders are not required to permanently relinquish their previous positions or professions, but only to be in inactive status during their tenure. In its verdict, the MK stated that the word “relinquish” in Article 29 letter i and the phrase “not carrying out” in Article 29 letter j are contrary to the 1945 Constitution and conditionally lack binding legal force insofar as they are not interpreted as “inactive”. “The petitioners’ request is partially granted,” said MK Chief Justice Suhartoyo when reading the verdict. Constitutional Court Justice Guntur Hamzah stated that KPK leadership positions are the result of competency-based and professional selection, so it is inappropriate to require permanent severance from their original professions. “The KPK leadership position is more appropriately understood as a temporary public assignment,” said Guntur. “It still opens the possibility of returning to the original position after the tenure ends,” he added. “They must focus on the task of eradicating corruption. They must not have active ties to their original positions or professions,” said Guntur.