Member of Commission III of the Indonesian House of Representatives, Soedeson Tandra, emphasized that the Constitutional Court Honor Assembly (MKMK) could not cancel the appointment of Adies Kadir as a MK judge proposed by the Indonesian House of Representatives. MKMK, also cannot try Adies.
This was conveyed by Soedeson in the democracy dialectic held by the Parliamentary Journalists Coordinator (KWP) together with the DPR RI Information Bureau entitled 'MKMK Considered Unlawful to Cancel the Presidential Decree on the Appointment of the Constitutional Court?' at the Parliament Complex, Jakarta, Thursday, February 12.
Soedeson reminded that in the Indonesian system of government which adheres to the separation of power or separation of power, both the Legislature and the Judiciary have their respective duties. So according to him, the MKMK cannot interfere with legislative work.
"It has been explained, explained in great detail that the DPR is in the legislative area while the Constitutional Court is in the judicial area, therefore it is better or appropriate that these do not interfere with each other, that's the first," said Soedeson.
The Golkar legislator reminded that the MKMK was formed to oversee judges, especially to maintain the ethics and integrity of judges which are post-factual. This means, said Soedeson, the MKMK can only try or prosecute judges who are suspected of violating ethics while carrying out their duties as judges. Meanwhile, Adies has just been inaugurated and has never handled a lawsuit at the Constitutional Court.
"After being inaugurated, there were violations, then he could be tried," he said.
Therefore, Soedeson appealed to all parties who objected to the decision of the Indonesian House of Representatives to give Adies time to work as an MK Judge who is ethical and professional.
"We from the DPR, especially Commission III of the DPR, appeal that you should give the opportunity to Mr. Adies Kadir to carry out his duties as a constitutional judge," said Soedeson.
In addition, according to him, Adies is a figure who is 'mature' in law. He said, his experience in Commission III of the Indonesian House of Representatives and as a lawyer is very worthy of being supported to become the guardian of the country's constitution.
"Mr. Adies has very qualified, he has a S3 degree (Professor of Law) and has a very long experience in the DPR legal world, yes, he has also been a long-time advocate, so personally the requirements determined by the law are all complete," he concluded.
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