The Constitutional Court's Decision Could Be The Basis For Re-examination Of The Constitutional Court's Decision No. 90/2023

The decision of the Honorary Court of the Constitutional Court (MKMK) is considered to be the basis for re-examination of the decision of the Constitutional Court (MK) Number 90/PUU-XXI/2023 concerning the age limit for presidential candidates (candidates) and vice presidential candidates (cawapres).

According to the Director of Strategic Issues at the Center for Constitutional and Government Law Studies (Pushan) of Academic Law, FH Udayana University, Jimmy Z Usfunan, the public is looking forward to the Constitutional Court's decision on reports of alleged violations of the Constitutional Court Judge's code of ethics.

The Constitutional Court is expected to produce an objective ethical decision by basing it on the facts obtained. This is because the public already knows that the Constitutional Court's Decision Number 90/PUU-XXI/2023 is loaded with procedures and substance.

He explained that the procedure was flawed because the petition had been revoked by the applicant, so the case object had lost or the fact that the application file had not been signed.

"Meanwhile, the substance defects are due to a conflict of interest between the Chief Justice of the Constitutional Court and the object of the petition. Even though the Constitutional Court is said to be testing the norms, the norms tested are highly related to the election contestation, which Gibran will also follow as the nephew of the Chief Justice of the Constitutional Court," said Jimmy, Saturday, November 4.

He explained, referring to Article 17 paragraph (5) to (7) of Law Number 48 of 2009 concerning Judicial Power, which essentially states that if a judge who has an interest in the case being examined does not resign is a form of violation, so the decision is declared invalid, and the case can be re-examined.

"On that basis, public trust in the MKMK really depends on ethical decisions later. If the ethical decision sees a procedural defect and a substantial defect in handling case number 90/PUU-XXI/2023 as seen by the public, and it is decided that there will be ethical sanctions for judges who violate and the case opens up opportunities to be re-examined according to the Law on Judicial Power, then the dignity and image of the Constitutional Court in the public eye can be saved," concluded Jimmy