Anwar Usman Calls Jimly Violating Rules For Holding Open MKMK Sessions

Anwar Usman At The Constitutional Court Building (Diah Ayu/VOI)

JAKARTA - Former Chief Justice of the Constitutional Court (MK) Anwar Usman regretted that the trial process for violating the constitutional judge's code of ethics was held openly by the Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie. In the ethics trial process of the Constitutional Court's decision with case number 90/PUU-XXI/2023 regarding the presidential and vice presidential age limit, Jimly decided to hold an open trial when examining the reporter after asking for the approval of the person concerned. Anwar emphasized that all ethics trial processes handled by the Constitutional Court before the decision should be held were closed. Because, it is mandated in the Constitutional Court regulations. "I regret that the ethical judicial process, which should be closed in accordance with the Constitutional Court Regulation, will be carried out openly," Anwar said at a press conference at the Constitutional Court building, Central Jakarta, November 8. Although the complainant agreed that the trial for violating the ethics of the constitutional judge was held openly, Anwar emphasized that this violates the norms that maintain the dignity of the judges and the Constitutional Court. "This normatively certainly violates the rules and is not in line with the purpose of establishing an Honorary Council aimed at maintaining the dignity and dignity of constitutional judges, both individually and institutionally," he said. 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.