Commission III of the DPR was shocked when Suhartoyo was named the illegal MK Chairman

JAKARTA - Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, admitted that his party was surprised when he heard the statement of the expert in State Law (HTN), Muhammad Rullyandi who said Suhartoyo was the illegal Constitutional Court (MK) Chairman. Even so, he still appreciates Rullyandi's statement.

"Yes, the name of the DPR is a free institution to speak, yes, people please. We were also surprised that (Suhartoyo was called the Chairman of the Constitutional Court) was illegal, whether it was like that," said Habiburokhman at the Parliament Complex, Senayan, Jakarta, Thursday, 8 Jakarta.

Habiburokhman was reluctant to comment further on Rullyandi's statement. However, he also could not forbid someone or the public to express their opinions.

"I don't comment on that, but if you forbid people from having opinions, you can't either," he concluded.

Previously, Commission III of the Indonesian House of Representatives held a public hearing (RDPU) with criminologist Adrianus Eliasta Sembiring Meliala and State Law Expert, Muhammad Rullyandi at the Parliament Complex, Senayan, Jakarta, Thursday, January 8.

During the meeting discussing the Police, Prosecutor's Office, and Court Reform, the State Law expert (HTN) Muhammad Rullyandi suddenly called Suhartoyo as the illegal Constitutional Court (MK) Chairman.

In his presentation, Rullyandi assessed that the Supreme Court's decision, which is currently a polemic, has no effect on the assignment of active members of the National Police, as long as the assignment is still related to the main duties of the police as regulated in the National Police Law.

"Regarding these points, I assess that the MK's decision, which is the space for debate today, actually does not have any implications for the assignment of active members of the National Police. As long as there is a link with the assignment of the main duties of active members of the National Police, it is in accordance with the National Police Law," said Rullyandi in the meeting room of Commission III of the DPR, Thursday, January 8.

In fact, Rullyandi criticized the Constitutional Court's decision, which he said did not provide firmness in the ruling, thus triggering a commotion in the public space.

"I don't know why this MK verdict does not give firmness in a verdict, so this gives public confusion. This must also be corrected," he said.

Rullyandi then questioned the legality of Suhartoyo's position as current Constitutional Court Chief. He then called Suhartoyo, as the illegal Constitutional Court chief because he was considered not to respect the decision of the State Administrative Court (PTUN).

"I think, excuse me, is the current Chief Justice the legitimate chairman? I think the current Chief Justice is an illegal Chief Justice. Dr. Suhartoyo is an illegal Chief Justice," said Rullyandi.

According to Rullyandi, the PTUN ruling No. 604 has been legally binding since December 16, 2024 and has explicitly granted a part of the lawsuit and stated that the Decree on the appointment of Suhartoyo must be canceled and revoked.

In fact, Rullyandi admitted to being involved as a government expert team that at that time also encouraged the Minister of Home Affairs to take over the inauguration process.

"Imagine, two years he did not dare to lead as regent even though he had won in the Constitutional Court, just because he respected that he had not been inaugurated," he said.

"Finally, he was inaugurated by the Minister of Home Affairs. Although it was actually not ideal, it was done for legal certainty," continued Rullyandi.

Rullyandi then questioned the logic of enforcing the rule of law when a Chief Justice of the Constitutional Court presided over a trial without ever taking the oath of office. He also highlighted that the plenary meeting that became the basis for the appointment of the Chief Justice of the Constitutional Court still referred to the 2023 plenary meeting. According to him, this is stated in the SK which has been revoked by the PTUN.

"This MK chairman has never been sworn in, how can he lead the trial. Where is our logic as a legal state?" he said.

"If we look at the Constitutional Court's website, Mr. Suhartoyo's plenary meeting was a plenary meeting in 2023, which was in the appointment decree that had been annulled by the TUN court. Naudzubillah min dzalik," said Rullyandi.