Responding To The Nickname Of The Constitutional Court 'Family Court', Anwar Usman: Masyaallah, Hopefully Allah SWT Will Be Silent

Chief Justice of the Constitutional Court Anwar Usman during a press conference at the Constitutional Court Building (Diah Ayu/VOI)

JAKARTA - Former Chief Justice of the Constitutional Court (MK) Anwar Usman felt that he did not accept that his family was dragged into the issue of a conflict of interest over the Constitutional Court's decision which allowed regional heads not yet 40 years old. The uncle of the future vice presidential candidate Gibran Rakabuming Raka also regretted that a number of parties gave the nickname MK to become a "family commander". According to him, this is a slander that cannot be justified. "I have never been discouraged at the slander that hit me, my family so far. In fact, some have the heart to say that the Constitutional Court is a 'family commander'. Masyaallah. Hopefully, Allah SWT will forgive me," said Anwar at the Constitutional Court building, Central Jakarta, Wednesday, November 8. Anwar claimed that he did not try to pass Gibran Rakabuming Raka to run in the 2024 presidential election through the Constitutional Court's decision regarding the age limit of the presidential and vice presidential candidates. Because, if the decision on case number 90/PUU-XXI/2023 which allows regional heads not yet 40 years old to take part in the presidential election becomes a red carpet for Gibran to run as a vice presidential candidate, according to Anwar, it is tantamount to destroying his own good name. "The slander addressed to me is related to the handling of case number 90/PUU-XXI/2023, which 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," said Anwar. Anwar emphasized that the decision on the law testing case (PUU) Article 169 letter q of Law Number 7 of 2017 concerning General Elections (UU Pemilu) only concerns norms, not concrete cases. That is why Anwar Usman continued to participate in deciding case number 90/PUU-XXI/2023 in the panel of judges' deliberation (RPH) meeting before the decision on the age limit for the presidential and vice-presidential candidates was read out. "As a Constitutional Justice and Chief Justice of the Constitutional Court, I have to deny the previous decisions, because there is pressure from the public, or certain parties for certain interests as well? Or should I resign from handling cases 96/PUU-XVIII/2020, in order to save myself? If I do that, then it is the same as I punish myself because it is not in accordance with my belief as a judge in deciding the case," said Anwar. "If the intention of me and the constitutional judges is to decide on the case, it is intended to pass a certain pair of candidates, after all, it is also not us who will have the right to carry out the candidate and who will determine who the candidate for the elected partner will be. Of course, it is the people who determine their right to vote through the general election," he added. In the decision on the ethical violation of constitutional judges 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 serious violations of the code of ethics and behavior of constituting judges. 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 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.