Jimly Asshiddiqie Reveals 10 Issues That Have Been Reported To MKMK

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

JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie said there were ten issues related to the Constitutional Court that had been reported since the trial of the reporter's examination on Tuesday, October 31. "So what you (the reporter) are questioning today, (first), especially when it's about the judge not resigning even though in a case he has an interest in, a case he has a family relationship," Jimly said at the Audit Session of the Whistleblower for Violation of the Constitutional Code of Ethics at the Constitutional Court Building, Jakarta, Antara, Wednesday, November 1. Second, according to him, constitutional judges were also reported for speaking in public spaces regarding the substance of the matter of the case being examined. Third, the Constitutional Court judge was also reported for revealing dissenting opinion or dissent related to the substance of the matter of the case being examined. "So the dissenting opinion is a difference of opinion about the substance, but in it there are also complaints that illustrate there are problems in the decision-making mechanism. Even though it is internal," he said. Jimly continued, fourth, constitutional judges were also considered to have violated the code of ethics because they discussed internal problems with outsiders, so that they could cause distrust in the Constitutional Court. Fifth, according to him, the constitutional judge was also reported for violating the registration procedure allegedly on the orders of the Constitutional Court judge. "(Sixth) there is also (the report) regarding the formation of the MKMK. (ConsIDERED) slow even though it has been ordered by law," said Jimly. Furthermore, seventh, constitutional judges were also reported because the decision-making mechanism, which was considered chaotic and eighth, was considered a practical political tool. Jimly said, ninth, constitutional judges were also reported because there were internal problems known by outsiders. "You can't keep it a secret, how come it's like CCTV," said Jimly. Finally, the constitutional judge is suspected of lying about his absence from the Judge's Consultative Meeting (RPH) Case Number 29-51-55. Jimly emphasized that the examination of the Constitutional Court Judge was aimed at restoring public trust in the Constitutional Court. Therefore, according to him, if one of the Constitutional Court judges is proven to have violated the code of ethics, the punishment that will be given is in the form of ethical punishment, which aims to educate and deter the judge. On the same occasion, Jimly said the MKMK would speed up its decision on Tuesday (7/11), as requested by the first reporter, to adjust the schedule for determining the presidential and vice presidential candidates for the KPU. If the Constitutional Court judge is proven to have violated the code of ethics, the Constitutional Court judge's decision can be null and void, as well as the registration of presidential and vice-presidential candidates based on the decision.

"If we reject (the proposal to accelerate the decision), there is also suspicion that we deliberately take shelter behind the schedule procedure (not to cancel the Constitutional Court's decision)," he said.