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The New Amendment to the KPK Law: Newly Passed Bill 

by Lia Alizia, Rudy Sitorus, Nadira

Published: October, 2019

Submission: November, 2019

 



By the enactment of Law No. 30 of 2002 on The Corruption Eradication Commission, which was later amended by Government Regulation in lieu of Law No. 1 of 2015 on Amendments to Law No. 30 of 2002 on The Corruption Eradication Commission (“KPK Law”), the KPK was formed in 2002 in order to reduce the corruption prevalent in Indonesia. Recently, the House of Representatives (“House”) debated and developed a bill to amend the KPK Law and claimed that the main purpose of the amendments is to change the corruption eradication paradigm from prosecution measure to prevention measure. Although the bill to amend the KPK Law has been severely criticized by various stakeholders, including the KPK itself, on 17 September 2019, the House passed it.


After the House passes the bill, the Constitution gives the President 30 days to sign it, so it officially becomes a Law. However, under Article 20 (5) of the Constitution, if the President does not do so, the bill automatically becomes a law and therefore, must be promulgated.


As the President did not sign the bill within 30 days, on 17 October 2019, the government officially enacted Law No. 19 of 2019 on the Second Amendment to Law No. 30 of 2019 on The Corruption Eradication Commission (“Law 19/2019”) which came into effect on the same date, and therefore Law 19/2019 came into effect under Article 20 (5) of the Constitution.


 


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