JAKARTA - Constitutional Guard Advocates (APK) said that the Honorary Court of the Constitutional Court (MKMK) led by Jimly Asshiddiqie had no right to cancel the Constitutional Court (MK) decision Number 90/PUU-XXI/2023 regarding the requirements for the presidential and vice presidential age limit.
APK Coordinator Raden Elang Mulyana said the regulation was contained in the Constitutional Court Regulation Number 1 of 2023 concerning the Honor of the Constitutional Court. Article 3 Paragraph 2 states that the Constitutional Court is only authorized to examine and decide alleged violations of ethics and behavior of constitutional judges.
"Strictly speaking, the Honorary Council of the Constitutional Court does not have the authority to amend or cancel the decision of the Constitutional Court of the Republic of Indonesia Number 90/PUU-XXI-2023 dated October 16," Elang told reporters in a written statement, Saturday, November 4.
Elang said that the Constitutional Court's decision was final and binding after it was read. "In a legal sense, it has legal certainty and cannot be disallowed by any institution," said one of the reporters for alleged violations of the Constitutional Court Judge's code of ethics.
He also said that the Constitutional Court's decision regarding the requirements for the age limit for presidential and vice-presidential candidates must be implemented immediately. The goal is to provide legal certainty.
In addition, the Constitutional Court is considered to have no legal reasons that can be used as the basis for changes or implementing decisions. This is because they can only judge ethically guilty of constitutional judges, as has been done against Chief Justice of the Constitutional Court Akil Mochtar and former Constitutional Court Judge Patrialis Akbar.
Moreover, the decision that Chief Justice of the Constitutional Court Anwar Usman and other judges have been followed up through the General Election Commission (PKPU) Regulation Number 19 of 2023 concerning the Candidacy for the General Election of the President and Vice President. Changes have also been approved by the DPR RI together with the Ministry of Home Affairs (Kemendagri), KPU RI, Bawaslu, and DKPP.
"Therefore, it is appropriate and in accordance with the constitution of the relevant state institutions to follow up on the Constitutional Court Decision Number 90/PUU-XXI/2023 through changes to the PKPU above," said Elang.
As previously reported, the MKMK has finished examining alleged ethical violations against Chief Justice of the Constitutional Court Anwar Usman and eight other judges, Friday, November 3 yesterday. In addition, they have pocketed the statements of witnesses and experts.
This was conveyed by Jimly Asshiddique ahead of the reading of the Constitutional Court's decision on Tuesday, November 7. "Actually, all experts, all experts," Jimly said as quoted by ANTARA, Friday, November 3.
Jimly admitted that it was not difficult to prove the case of alleged violation of the code of ethics by nine judges related to Case Decision Number 90/PUU-XXI/2023 regarding the age limit for presidential and vice-presidential candidates at least 40 years or once/in the position elected through general elections including regional head elections.
"Moreover, we have checked CCTV. Why are there changes that are then withdrawn? Why is there an internal chaos? Why do you have different opinions to come out (public, red)," he said.
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