Jimly Explains 3 MKMK Sanctions Options For Violation Of The Code Of Ethics

Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie gave a statement at the II MK building, Jakarta, Tuesday (31/10/2023) night. (ANTARA/Fath Putra Mulya)

JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie explained three sanctions options related to alleged violations of the code of ethics and behavior of constitutional judges in examining and deciding Case Number 90/PUU-XXI/2023.

The three options are sanctions in the form of warnings, warnings, and dismissals. The three, said Jimly, have been regulated in Constitutional Court Regulation (PMK) Number 1 of 2023.

"In PMK, it's clear, the sanctions are three kinds. Warning, warning, and dismissal," Jimly said as quoted by ANTARA, Tuesday, October 31.

He explained that the option to dismiss consisted of dishonorable dismissal, respectful dismissal, and dismissal not as members of the constitutional judge, but as chairman.

"Warning, some are not described, but there are many variations. Ordinary warnings, it could also be a stern warning, it could also be a very strong warning. So, it is not determined within the PMK, but the variation is possible," continued Jimly.

Then regarding the option of a warning, it consists of a written warning and verbal warning. He gave an example, the warning was conveyed verbally along with the submission of the verdict so that it no longer requires a special letter in writing.

But it can also be a warning with a special letter. A special letter gives a warning, but a decision is attached. So as a result there are 3 (sanctions), but there can be many variants. So warnings, warnings, dismissals. The variation is just waiting. So, later on, the creativity of the MKMK is about how good this is," he said.

However, if constitutional judges are not proven to have committed violations as reported, they will be rehabilitated.

"So nine (chiefs) were hit, all reported, yes. Yes, maybe some of the nine (chiefs) were rehabilitated. These are good people, well, we'll call it that," added Jimly.

However, Jimly has not been able to reveal what indications of sanctions will be given.

"Yes, not yet, not yet," he said.

Jimly said that his party was investigating the public reports received. MKMK is known to be examining the reporters and nine constitutional judges.

The Constitutional Court has examined three reported judges on Tuesday evening, namely Anwar Usman, Arief Hidayat, and Enny Nurbaningsih. Then, it is scheduled to examine Saldi Isra, Manahan MP Sitompul, and Suhartoyo on Wednesday (1/11).

Meanwhile, three other constitutional judges, namely Daniel Yusmic Pancastaki Foekh, M. Guntur Hamzah, and Wahiduddin Adams, will be questioned on Thursday (2/11).

In addition, the MKMK will also confront the clerk in the case. Jimly said that his party found many problems in the way of making decisions and trial procedures.

"The point is, we found a lot of problems, so from these three judges (Anwar Usman, Arief Hidayat, and Enny Nurbaningsih) there were a lot of problems," added Jimly.