Hoping for a Responsive Constitutional Court

The Constitutional Court (MK) has an actual opportunity to end the tension between the Corruption Eradication Commission (KPK) and the House of Representatives Special Inquiry Committee on the KPK. However, this opportunity has not been used.

The tension between the KPK and the inquiry committee has been going on for almost two months. The nation’s energy has been drained. The tension has spread and dragged many parties into the matter. President Joko Widodo, as the head of government and head of state, has chosen not to intervene. Because the tension has been allowed to go on, the of both the KPK and inquiry committee members has continued. Many statements from House members have been “offside”, resulting in the delegitimization of political parties.

The KPK has refused to appear at any inquiry committee summons until the Constitutional Court has made a ruling. An inquiry committee had never been formed in the past to target an independent commission like the KPK. Forming an inquiry committee is a right of the House in their function of investigating the work of the government. It is because of this difference in interpretation that the KPK employees association filed for a judicial review on theHouse’s authority to carry out an inquiry into the KPK. The hearing has been held and many parties have asked the Constitutional Court to issue an interlocutory decision. However, the opportunity that had been hoped would end the tension could not be fulfilled by the Constitutional Court.