[hanomantoto]

TEMPO.CO, Jakarta – Deputy Chair of the Corruption Eradication Commission (KPK), Alexander Marwata, files a judicial review application against two arcticles of KPK Law to Indonesia’s Constitutional Court. 

“The petition challenges Article 36 for KPK leaders and Article 37 for KPK employees,” he confirmed on Thursday, November 7, 2024.

The judicial review petition was filed on Monday, November 4. 

Article 36 of KPK Law reads: “KPK Commissioners are disallowed from: a. Engaging in direct or indirect communication with a suspect or other party involved with a corruption case being handled by the KPK under any circumstances.”

Meanwhile, article 37 reads: “The rules as outlined in Article 36 also apply to the Advisory Team and other staff of the KPK.”

According to Alex, the articles can be used to criminalize KPK staff and commissioners due to the unclear language used in the articles. “The ambiguity will at least cause different interpretations with the legal drafters,” he said.

Previously, Alex was questioned by the Metro Jaya Police as a follow-up to a public complaint on March 23, 2024. He was reported for an alleged violation of prohibition on meetings between KPK leaders with suspects or other parties related to corruption cases handled by the KPK.

“The other parties related to corruption cases here refer to the former Head of the Yogyakarta Customs Office, Eko Darmanto, who is now a convicted KPK defendant,” said Director of the Special Criminal Investigation Unit of the Metro Jaya Police, Commissioner General Ade Safri Simanjuntak, when confirmed on October 16, 2024.

An Order for Investigation into Alex’s case was issued on April 5, 2024. Currently, at least 30 people have been summoned for statements, including clarifications from criminal experts and criminal procedural law experts.

The police continue to investigate Alex’s case to determine whether the circumstances constitute a criminal offense, Ade said on October 30.

Meanwhile, Eko Darmanto has been sentenced to six years in prison and fined Rp500 million on August 27, 2024. He was found guilty of committing acts of corruption of gratifications and money laundering.

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