IO, Jakarta – After the five leaders of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi – “KPK”) were recently elected, one of them, Nurul Ghufron, came under public scrutiny. After all, he is only 45 years old, while Law Number 19 of 2019 sets the minimum age of KPK leadership at 50 years. The polemic worsened after a typo error was found on the script of the Revised KPK Law. The minimum age requirement for KPK leadership in numbers was written as “50” years old, but the clarification in words stated “forty” years old.
In response, Deputy Speaker of the House of Representatives (Dewan Perwakilan Rakyat Republik Indonesia – “DPR RI”) Azis Syamsuddin confirms that Nurul Ghufron is worthy of appointment, therefore this age requirement should not be an issue. When Ghufron signed up and was accepted as candidate for KPK leadership, the process still referred to the old KPK Law, i.e. Law Number 30 of 2002. “We have discussed that there is the principle of “non-retroactivity” in terms of legal principles. To repeat, the change of age requirement to 50 years old as stipulated in Law Number 19 of 2019 concerning the Amendment to KPK Law does not apply retroactively. When Ghufron was accepted as a candidate for KPK leadership on 13 September 2019, and when he was appointed to the position on 17 September, the entire process was still subject to the old Law, i.e. KPK Law Number 30 of 2002. This processing was already implemented at both the first and second levels,” he stated at the Parliamentary Complex, Senayan, Jakarta, on Monday (28/10/2019).
Furthermore, “We have submitted our consideration about Ghufron’s age, which is the response of the leaders of DPR agreeing upon in the Consultative Meeting in Lieu of Deliberative Committee (Badan Musyawarah – “Bamus”) to the President on 22 October. We have agreed that Ghufron is still allowed his candidacy in accordance with the minimum age limit stipulated in Law Number 30 of 2002, i.e. 40 years old, Therefore, the President can perform the inauguration of KPK leaders within the stipulated time frame according to law.” (Dan)