Anwar Usman Guarantees MKMK Members To Be Neutral And Free Of Intervention

Chief Justice of the Constitutional Court (MK) Anwar Usman when met at building II MK, Jakarta, Tuesday (24/10/2023). (ANTARA/Fath Putra Mulya)

JAKARTA - Chief Justice of the Constitutional Court (MK) Anwar Usman said three members of the Honorary Council of the Constitutional Court (MKMK) were neutral and free from intervention because they had been sworn in according to their respective beliefs.

"Nothing. So like this, it was already sworn in. Listen, no, the oath was earlier?," Anwar told reporters when met after the inauguration of MKMK members at building II of the Constitutional Court, Jakarta, reported by ANTARA, Tuesday, October 24.

The three members of the MKMK are Wahiduddin Adams from the constitutional judge, Jimly Asshiddiqie from elements of community leaders, and Bintan R. Saragih from academic elements with legal backgrounds.

Anwar explained that the three MKMK members who were inaugurated were chosen because they were in accordance with the applicable provisions and were known for their credibility.

"Indeed, the provisions are like current laws and these are people who have credibility, everyone also knows," said Anwar.

In his remarks when inaugurating the three MKMK members, he stated that he supports the MKMK to work independently, implicitly, and should not be intervened by anyone.

"Including me as chairman of the Constitutional Court and constitutional judges," he said.

Anwar also said that he was obliged to fully support the implementation of the MKMK's duties, both administrative and substantive legal support.

"To assist the performance of the honorary assembly, the secretariat general will prepare a team of secretariats of the honorary assembly who will work in full to provide services and support for the honorary assembly," he continued.

The three members of the Constitutional Court were sworn in to follow up on public reports regarding alleged violations of the constitutional judge's code of ethics in Case Decision Number 90/PUU-XXI/2023.

Previously, Monday (16/10), the Constitutional Court granted part of Case Number 90/PUU-XXI/2023 filed by an Indonesian citizen (WNI) named Almas Tsaqibbirru Re A. from Surakarta, Central Java. He filed a lawsuit for judicial review of Article 169 letter q of Law Number 7 of 2017 concerning General Elections (UU Pemilu).

With this decision, Article 169 letter q of the Election Law fully reads "The lowest age is 40 (fourty) years or has been / is currently in the position chosen through general elections including regional head elections".

Based on Case Decision Number 90/PUU-XXI/2023, there are different reasons (concurring opinions) from two constitutional judges, namely Enny Nurbaningsih and Daniel Yusmic P. Foekh, as well as dissenting opinions from four constitutional judges, namely Wahiduddin Adams, Saldi Isra, Arief Hidayat, and Suhartoyo.

The decision then became a polemic among the public. Anwar said that public reports against all constitutional judges regarding decisions regarding the age limit for presidential candidates (candidates) and vice presidential candidates (cawapres) had reached 10 reports per day.