Besides Legally Defective, Judge Aswanto's Dismissal Is Considered To Show DPR's Arrogant Attitude

The DPR suddenly dismissed Aswanto from the position of Judge of the Constitutional Court (MK). (ANTARA-Indrianto ES)

JAKARTA - A number of civil society coalitions who are members of Civil Society visited the Constitutional Court (MK) building yesterday. They expressed their rejection of the DPR's decision to dismiss Aswanto from the position of Judge of the Constitutional Court.

One of the representatives of Civil Society who is also the Advisory Council of Needdem, Titi Anggraini, emphasized that the dismissal of Aswanto was an act that violated the constitution. In fact, this shows the arrogance of the representatives of the people.

"The attitude and decision of the DPR RI to dismiss and replace Constitutional Justice Aswanto is an act that violates the constitution and laws and regulations, is anti-democratic, arbitrary, arrogant, and further shows the arrogance of the DPR RI," Titi said in a statement, as quoted on Wednesday, October 5.

In fact, Law Number 7 of 2020 concerning the Third Amendment to the Law on the Constitutional Court abolishes the periodization of the tenure of a Constitutional Justice to be the minimum and maximum limit for a person to become a Constitutional Justice.

This provision was then tested and decided by the Constitutional Court in Decision Number 90/PUU-XVIII/2020, 96/PUU-XVIII/2020, 100/PUUXVIII, and 56/PUU-XX/2022. These decisions emphasize that the provisions for transitioning the term of office of Constitutional Justices require legal action to confirm the meaning of these provisions.

Furthermore, the court explained that the legal action in question was a confirmation submitted by the institution that proposed the Constitutional Justice who was in office.

"Confirmation is intended to convey notification regarding the continuation of the term of office of the Constitutional Justice concerned and no longer recognizes the existence of a period of office. It is not a momentum to replace the Constitutional Justices who are currently serving as the DPR RI does," explained Titi.

In this condition, Titi assessed that the Indonesian House of Representatives did not show the compliance of high state institutions to the supremacy of the constitution which is sovereign by the people.

Constitutional Justices, according to Titi, cannot be intervened or even influenced in carrying out their duties and authorities in maintaining and enforcing the Constitution.

Therefore, Civil Society urges the DPR to change its decision to dismiss Constitutional Justice Aswanto and restore Aswanto's rights as a Constitutional Justice. The coalition also asked President Joko Widodo to intervene.

"Ask the President not to follow up the process of replacing Constitutional Justice Aswanto, which clearly has no legal basis because it is contrary to the constitution and applicable law," she explained.

As is known, the Indonesian House of Representatives decided to dismiss Constitutional Justice Aswanto at the VII Plenary Session of Session I Year 2022-2023, Thursday, September 29. Aswanto will be replaced by Guntur Hamzah. In fact, Aswanto will only enter retirement in 2029.

The chairman of Commission III of the DPR, Bambang Wuryanto or Bambang Pacul, said that Aswanto was removed from the position of judge of the Constitutional Court from the DPR's proposal because Aswanto was deemed not to represent the attitudes of the DPR in carrying out his duties.

"Let's just answer that we want to change people. Of course, it's disappointing. Yes, what if the DPR's products are annulled by him? He's a representative from the DPR. That's right, after all," said Bambang.

Aswanto was a judge of the Constitutional Court from March 21, 2014 to March 21, 2019. In the second period, Aswanto tried and approved the Constitutional Court Law which extended his term of office so that he retired on March 21, 2029.

For structural positions, Aswanto has been Deputy Chief Justice of the Constitutional Court since April 2, 2018. Apart from being a judge of the Constitutional Court, he is a professor of criminal science at Hasanuddin University Makassar. In the decisions of the Constitutional Court, he is in a position to reject the 20 percent presidential threshold.