Anwar Usman Says He Will Not Resign As A Constitutional Court Judge

JAKARTA - Constitutional judge Anwar Usman stated that he would not resign from the Constitutional Court (MK) after being dismissed as Chief Justice of the Constitutional Court by the Honorary Council of the Constitutional Court (MKMK).

Anwar emphasized that he would not resign because he felt that his removal was initiated by slander that he was involved in a conflict of interest in the Constitutional Court's decision regarding the age limit of the presidential and vice-presidential candidates. The Constitutional Court's decision allows regional heads not yet 40 years old to run for the presidential election.

"Currently, my dignity as a career judge for almost 40 years is formulated by heinous slander. But I have never been discouraged and never resigned, in upholding the law and justice in my beloved country," said Anwar at a press conference at the Constitutional Court building, Central Jakarta, Wednesday, November 8.

Anwar revealed that there was a scenario to damage the good name of the MKMK decision for violating the code of ethics. In its decision, the MKMK assessed that Anwar opened up space for intervention to outside parties in deciding the case of the presidential and vice-presidential age limit.

Anwar also admitted that he had learned that this scenario was designed before the MKMK was formed.

"However, even though I have heard that there are scenarios that are trying to kill my character, I am still kind to think about, HUsnuzon, because that should be the way a Muslim's character and character thinks," he said.

Anwar realized that the handling of cases related to elections was indeed strongly politically charged. However, he emphasized that his decision, which was the regional head under 40 years old as a presidential and vice presidential candidate, was not intended to pass Gibran, his nephew, to walk through the 2024 presidential election.

"The slander addressed to me, related to case handling Number 90/PUU-XXI/2023, is a very heinous slander, and is not based on law at all. I will not sacrifice myself, my dignity, and my honor, at the end of my service as a judge, in order to pass a certain pair of candidates," he said.

In the decision on the ethical violation of the constitutional judge which was read out on Tuesday, November 7, Chief Justice of the Constitutional Court Jimly Asshidiqqie stated that Anwar Usman was proven to have committed a serious violation of the code of ethics and behavior of the constitusion judge as stated in Sapta Karsa Hutama, the principle of impartiality, principle of integrity, principle of competence and equality, principle of independence, and principle of appropriateness and decency.

Jimly said that the uncle of the prospective vice presidential candidate Gibran Rakabuming Raka opened the space for outsiders to intervene in the formulation of the Constitutional Court's decision in case number 90/PUU-XXI/2023 which allowed regional heads not yet 40 years old as presidential and vice-presidential candidates.

"The reported judge (Anwar Usman) was proven to have deliberately opened the space for outside intervention in the decision-making process number 90/PUU-XXI/2023, thus violating Sapta Karsa Hutama, Independence Principle, Implementation of Numbers 1, 2, and 3," said Jimly.

This was supported by Anwar Usman's attitude involved in the judge's deliberation meeting (RPH) on the 90/PUU-XXI/2023 case, after previously being absent from the RPH of a similar material test case.

"The reported judge (Anwar Usman) did not resign from handling the 90/PUU-XXI/2023 case, even though in fact there was a conflict of interest, because the 90/PUU-XXI/2023 case was directly related to the interests of the reported judge's family, namely Gibran Rakabuming Raka," said Jimly.

The sanction was that the MKMK dismissed Anwar Usman from the position of Chief Justice of the Constitutional Court as a result of the Constitutional Court's decision to pass Gibran running as a vice presidential candidate even though he was not yet 40 years old.

The Constitutional Court ordered the Deputy Chief Justice of the Constitutional Court to lead the implementation of the new Constitutional Court leadership election within 2x24 hours.

The Constitutional Court also prohibits Anwar Usman, who is now only a member of the Constitutional Court, from running for Chief Justice of the Constitutional Court until his term as a constitutional judge ends.