Chief Justice Of The Constitutional Court Affirms Constitutional Justices Not Ethical Comments On The Constitutional Court Bill

JAKARTA - Chairman of the Constitutional Court (MK) Suhartoyo emphasized that judges were unethical in commenting on the draft law that was currently rolling in the legislative institutions, including the Constitutional Court Bill.

"Our position is that judges are not allowed to comment (RUU), before the law really exists," Suhartoyo said when met at the Constitutional Court Building, Jakarta, Monday, September 30, which was confiscated by Antara.

The statement was in response to the DPR RI Plenary Meeting for the 2019 '2024 period which agreed on the discussion of the Draft Law (RUU) on the Fourth Amendment to Law Number 24 of 2003 concerning the Constitutional Court in the 2024'2029 period.

Regarding the Constitutional Court Bill which allegedly affected the independence of constitutional judges, Suhartoyo reiterated that he would wait until the law was issued.

"Whether it is detrimental (the judge) or not, it has not actually appeared (the law)," said Suhartoyo.

Suhartoyo assessed that there are other possibilities that will later affect the substance of the Constitutional Court Bill.

Furthermore, he also believes that every law has its respective philosophical arguments that underlie the birth of various norms in the law.

Therefore, constitutional judges will only comment when the law is passed.

"It's not ethical if I comment on that now," he said.

The DPR RI Plenary Meeting for the 2019-2024 period agreed on the discussion of the Draft Law (RUU) on the Fourth Amendment to Law Number 24 of 2003 concerning the Constitutional Court in the 2024 period 2029.

Chairman of the Indonesian House of Representatives, Puan Maharani, said that the leadership of the DPR and its factions on September 26 discussed the Letter of the Leadership of Commission III B 252 dated September 23 regarding the submission of the Bill from Commission III.

"The Bill on the Fourth Amendment to the Constitutional Court Law as a passing bill for Commission III of the DPR RI, the next discussion is an agenda for Level II Discussions in the plenary meeting of the DPR RI membership period for the period 2024-2029," said Puan while chairing a plenary meeting at the Nusantara II Building. DPR RI, Senayan, Jakarta, Monday 30 September.

Deputy Chairman of Commission III of the Indonesian House of Representatives, Adies Kadir, said that the Constitutional Court Bill process could not be continued because the time of the DPR RI session would end. Members of the DPR RI for the 2024 '2029 period will be sworn in on October 1, 2024.

"The Constitutional Court Bill cannot be continued considering the time, of course we will carry over," said Adies at the parliament complex, Jakarta, Tuesday, September 17.

Adies said that Commission III of the DPR RI had previously held Level I Discussions on the Constitutional Court Bill. So, in the next period, according to him, the bill legislative process could be directly ratified at Phase II Discussions at the DPR RI Plenary Meeting.