CD Skripsi
Analisis Putusan Mahkamah Konstitusi Nomor 112/Puu-Xx 2022 Tentang Pengujian Undang- Undang Nomor 30 Tahun 2002
ABSTRACT
The Constitutional Court issued decision Number 112/PUU/-XX/2022
concerning the extension of the term of office of the KPK leadership from 4 years to 5
years, the term of office and can be re-elected for only one term of office. This is
contrary to the 1945 Constitution. The decision is retroactive or retroactive, and
indirectly the Constitutional Court Judges have interfered in the affairs of the legislative
institution as the maker of the Law. This study was conducted to determine how the
legal considerations of the Constitutional Court judges were in deciding decision No.
112/PUU-XX/2022 and to find out what the implications of the decision are for the state
administration in Indonesia.
This research is a normative legal research that is analytical in nature with the
aim of analyzing the decisions that have been issued by the Constitutional Court. The
data sources used are secondary data consisting of primary, secondary, and tertiary
legal materials. The data collection technique is carried out using the literature review
method, while the data analysis uses a descriptive qualitative legal approach. The
results of the analysis will be presented deductively, namely drawing conclusions from
general statements to specific statements.
The results of this study show that the Constitutional Court (MK) granted the
judicial review petition on Law No. 30 of 2002 regarding the extension of the
leadership term of the Corruption Eradication Commission (KPK) through Decision
No. 112/PUU-XX/2022, which was deemed to be in conflict with Article 28D
paragraph (1) of the 1945 Constitution due to being unfair, discriminatory, and
creating legal uncertainty. This decision has significant implications for Indonesia's
constitutional system, emphasizing the importance of stability and KPK’s
independence. However, the ruling also raises questions about the potential abuse of
power and the need for stronger oversight mechanisms. Furthermore, the government
should avoid rushing the issuance of the presidential decree for the extension of the
KPK leadership term and apply it to the upcoming term to prevent practical chaos.
Additionally, it is essential to enhance transparency regarding the extension process
and strengthen coordination between the KPK and other state institutions to maintain
independence and prevent the misuse of authority.
Keywords: Constitutional Court Decision, Term of Office, Corruption Eradication
Commission, Retroactive, Implication
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