Questioning the Independence of the Corruption Eradication Commission (KPK) and Judicial Restraint

Abstract

The Corruption Eradication Commission (KPK), an independent state institution, continues to face threats. The extension of the term of office of the current KPK chairman through the decision of the Constitutional Court (MK) Number 112/PUU-XX/2022 is not based on the principle of universal law, namely, the principle of non-retroactivity. This study aims to examine two problems: the legal implications for the independence of the KPK after the Constitutional Court's decision and the judicial restraint on the position of the Constitutional Court in extending the term of office of the KPK leadership. This study used normative legal research with a statutory approach. The results of this study showed that the degree or degradation of KPK independence is increasingly evident. The extension of the term of office through a retroactive Constitutional Court decision violated the universal principle of law. The extension of the term of office of the current KPK chairman has no urgency because they still have the opportunity to be re-elected in the next period.