There has been much heated debate and a number of demonstrations prior to the issue of both the Government Regulation in Lieu of Law (Interim Law) No. 4 of 2009 on the Amendment of Law No. 30 of 2002 on the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK) and Presidential Decree No. 27 of 2009 on the Establishment of the Team to Recommend Prospective Temporary Candidates of the Corruption Eradication Commission.
The debate aside, the interim law permits the president to appoint temporary members to the KPK when, for whatever reason, there are less than 3 active commissioners at the KPK. The KPK Law provides for 5 commissioners. Currently, the KPK has 2 active commissioners. The Head of the KPK has been dismissed, and 2 deputy heads have been suspended as they have been declared suspects in an abuse of authority and corruption matter.
In essence, the interim law inserts two additional articles, namely: Article 33 A and 33B.
Article 33A provides that in circumstances where there are less than 3 active commissioners, the president can appoint temporary commissioners to fill the non-active commissioners’ places. A temporary commissioner is subject to all the same rights and obligations governing the role of a commissioner. Furthermore, a temporary commissioner must satisfy all the pre-requisites that other commissioners must satisfy. Nevertheless, it is not expected that these prospective temporary candidates will be vetted quite as extensively as candidates appointed pursuant to the KPK Law have.
Article 33B stipulates that the service of a temporary commissioner is to terminate when the suspended commissioner is in a position to be re-appointed or when a new permanent commissioner swears an oath of office. The interim law was issued on 21 September 2009.
The Presidential Decree was issued on 23 September 2009 and stipulates the members of the team that has been tasked with submitting 3 names as a recommendation to the president. Presumably, the president will then appoint these three individuals as temporary commissioners of the KPK.
The duties of the team are only required between the period of 23 September 2009 and 1 October 2009. Their duties and functions will culminate with the recommendation of 3 prospective commissioners to the president.
The Team is:
1.
Widodo A. S. – Chair (Coordinating Minister of Politics, Law, and Security);
2.
Adnan Buyung Nasution – Member (Presidential Advisory Council);
3.
Andi Mallatta S.H. – Member (Minister of Law and Human Rights);
There has been much heated debate and a number of demonstrations prior to the issue of both the Government Regulation in Lieu of Law (Interim Law) No. 4 of 2009 on the Amendment of Law No. 30 of 2002 on the Corruption Eradication Commission (Komisi Pemberantasan Korupsi / KPK) and Presidential Decree No. 27 of 2009 on the Establishment of the Team to Recommend Prospective Temporary Candidates of the Corruption Eradication Commission.
The debate aside, the interim law permits the president to appoint temporary members to the KPK when, for whatever reason, there are less than 3 active commissioners at the KPK. The KPK Law provides for 5 commissioners. Currently, the KPK has 2 active commissioners. The Head of the KPK has been dismissed, and 2 deputy heads have been suspended as they have been declared suspects in an abuse of authority and corruption matter.
In essence, the interim law inserts two additional articles, namely: Article 33 A and 33B.
Article 33A provides that in circumstances where there are less than 3 active commissioners, the president can appoint temporary commissioners to fill the non-active commissioners’ places. A temporary commissioner is subject to all the same rights and obligations governing the role of a commissioner. Furthermore, a temporary commissioner must satisfy all the pre-requisites that other commissioners must satisfy. Nevertheless, it is not expected that these prospective temporary candidates will be vetted quite as extensively as candidates appointed pursuant to the KPK Law have.
Article 33B stipulates that the service of a temporary commissioner is to terminate when the suspended commissioner is in a position to be re-appointed or when a new permanent commissioner swears an oath of office. The interim law was issued on 21 September 2009.
The Presidential Decree was issued on 23 September 2009 and stipulates the members of the team that has been tasked with submitting 3 names as a recommendation to the president. Presumably, the president will then appoint these three individuals as temporary commissioners of the KPK.
The duties of the team are only required between the period of 23 September 2009 and 1 October 2009. Their duties and functions will culminate with the recommendation of 3 prospective commissioners to the president.
The Team is:
1.
Widodo A. S. – Chair (Coordinating Minister of Politics, Law, and Security);
2.
Adnan Buyung Nasution – Member (Presidential Advisory Council);
3.
Andi Mallatta S.H. – Member (Minister of Law and Human Rights);
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