The reporting of judges from the Constitutional Court (MK) to Polda Metro Jaya shocked the public. This is because this is the first time a state institution that has judicial power has been reported for a legal case. A total of 9 judges from the Constitutional Court have been policed for alleged forgery of the Constitutional Court's decision.
The report was submitted by an advocate named Zico Leonard Djajardo. There were 9 constitutional judges, 1 clerk, and 1 clerk reported by Zico. He suspects that a judge deliberately changed the substance of the Constitutional Court's decision before uploading it on the official website.
"So today we have just made a police report on the report this time we made a report on 9 constitutional judges and also 1 substitute clerk for the alleged crime of forgery," Zico's attorney, Leon Maulana, told reporters, Wednesday (1/2).
Represented by his attorney, Zico's report on the Constitutional Court judge to the Java Metro Police was registered with the number LP/B/557/II/2023/SPKT/Polda Metro Jaya dated February 1, 2023. The report dragged the Constitutional Court judge on suspicion of falsifying Article 263 of the Criminal Code.
The following are the names of the judges of the Constitutional Court and the clerk reported by Zico on suspicion of falsifying the Constitutional Court's decision.
Leon Maulana said that the Constitutional Court judge was suspected of deliberately changing his taste from 'demic' to 'forward'. The change in substance has changed the interpretation which has an impact on the fate of Judge Aswanto's dismissal.
"This is something new if this is stated in a matter where the typo is very non-subtantial because this subtance of the phrase is already different or something like that," he said.
Another attorney from Zico, Angela Claresta Foek, explained that her client was not present at the verdict reading trial. However, Zico received a copy of the decision. Leon has also brought a number of pieces of evidence in his report, including client ID card, power of attorney, to a copy of case decision Number 103/PUU-XX/2022.
In January 2023, Zico also watched the broadcast on his YouTube account. However, Zico found that there was a difference from the decision read out by the constitutional judge on November 23, 2022, with a copy that he received. The change in phrase stems from the issuance of a copy of case decision Number 103 / PUU-XX / 2022 concerning judicial review of Law Number 7 of 2020 concerning the Constitutional Court.
The following is the difference between what was read out at trial on November 23 and a copy that Zico received.
What was read at the trial:
"Thus, the dismissal of constitutional judges before the end of his term of office can only be done because of the reason for resigning at his own request submitted to the head of the Constitutional Court, physical or spiritual illness for 3 (three) months so that he cannot carry out his duties as evidenced by a doctor's certificate, and was dishonorably dismissed for reasons as stipulated in Article 23 paragraph 2 of the Constitutional Court Law...".
Copy received:
"In the future, dismissal of constitutional judges before the end of his term of office can only be done because of the reason for resigning at his own request submitted to the head of the Constitutional Court, physical or spiritual illness for 3 (three) months so that he cannot carry out his duties as evidenced by a doctor's certificate, and was dishonorably dismissed for reasons as stipulated in Article 23 paragraph 2 of the Constitutional Court Law...".
That is the review of the reasons why 9 judges of the Constitutional Court were policed. Zico invited the Honorary Court of the Constitutional Court (MKMK) to conduct an ethics trial against the judges. However, his party emphasized that he still took the criminal route to improve the implementation of the law in Indonesia.
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