Deliberation To Reach Consensus, Suhartoyo Chosen As Chief Justice Of The Constitutional Court In Lieu Of Anwar Usman

JAKARTA - The nine constitutional judges have held a deliberation meeting to elect the Chief Justice of the Constitutional Court (MK) for the 2023-2028 period to replace Anwar Usman, who was previously dismissed by the MK Honorary Council (MKMK).

The deliberation meeting was chaired by Constitutional Justice Saldi Isra behind closed doors. At the meeting, deliberations reached a consensus and appointed Suhartoyo as the new Chief Justice of the Constitutional Court.

Saldi expressed this in the announcement of the results of the deliberation meeting in the main courtroom of the Constitutional Court Building which was attended by all Constitutional judges.

"It was agreed from the results that to become chairman of the Constitutional Court in the future, Mr. Doktor Suhartoyo and I will continue to carry out our duties as deputy chairman," said Saldi at the MK Building, Thursday, November 9.

Suhartoyo is a constitutional judge who has served since January 2015. Before his career at the Constitutional Court, Suhartoyo was a career judge in the general court environment with his last position at the Denpasar High Court.

Saldi explained that the judge's deliberation meeting (RPH) which was held at 09.00 WIB gave rise to two names proposed as Chief Justice of the Constitutional Court.

"The meeting brought up 2 names, because the others did not say they were willing to be chairman, so 2 names came up, respectively, namely Saldi Isra and Mr Doktor Suhartoyo," said Saldi.

To narrow down the choice of these two names, the seven judges gave Saldi and Suhartoyo the opportunity to discuss who would be willing to continue leadership at the Constitutional Court.

After it was agreed, the constitutional judge who had left the room was summoned and the nine of us sat down and reported that this was the result. Seven out of us both accepted the result as a mutual agreement. "That is a form of our consensus deliberation which was held in the slaughterhouse room on the 16th floor this morning," he explained.

For your information, the election of the new Chief Justice of the Constitutional Court follows up on the results of the MKMK's decision to dismiss Anwar Usman. In the decision on the constitutional judge's ethical violation which was read out on Tuesday, November 7, MKMK Chairman Jimly Asshidiqqie stated that Anwar Usman was proven to have committed a serious violation of the code of ethics and behavior of constitutional judges.

Jimly said that the uncle of the prospective vice presidential candidate, Gibran Rakabuming Raka, opened up space for outside parties to intervene in the formulation of the Constitutional Court's decision in case number 90/PUU-XXI/2023 which allows regional heads under the age of 40 to run as presidential and vice presidential candidates.

"The reported judge (Anwar Usman) was proven to have intentionally opened up space for intervention by outside parties in the decision-making process number 90/PUU-XXI/2023, thus violating Sapta Karsa Hutama, Principles of Independence, Application of numbers 1, 2 and 3," said Jimly.

This is supported by the attitude of Anwar Usman who was involved in the judge's deliberation meeting (RPH) regarding case 90/PUU-XXI/2023, after previously being absent from the RPH in a similar material review case.

"The reported judge (Anwar Usman) did not withdraw from handling case 90/PUU-XXI/2023, even though there was clearly a conflict of interest, because case 90/PUU-XXI/2023 was directly related to the interests of the family of the reported judge, namely Gibran Rakabuming Raka ," said Jimly.

As a result of Anwar's dismissal as Chief Justice of the Constitutional Court, the MKMK ordered the Deputy Chief Justice of the Constitutional Court to lead the election of the new MK leadership within 2 x 24 hours.

The MKMK also prohibited Anwar Usman, who is now only a member of the MK, from running again as Chief Justice of the Constitutional Court until his term as constitutional judge ends.