JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) I Dewa Gede Palguna said he had examined two constitutional judges in the 103/PUU-XX/2022 decision case. Two constitutional judges who have been questioned are Chief Justices of the Constitutional Court Anwar Usman and Suhartoyo.
"We have also listened to the statement of former constitutional judge Aswanto," he said at the Constitutional Court Building, Jakarta, quoted from Antara, Wednesday, March 1.
Aswanto was examined regarding his capacity as a constitutional judge who decided the case. Although Aswanto did not participate in the reading of the verdict, because Constitutional Justice M. Guntur Hamzah had been sworn in.
He said, Aswanto's examination was the same as the examination carried out on other constitutional judges.
Furthermore, the honorary panel scheduled an examination of six other Constitutional Court judges, namely Arief Hidayat, Wahiduddin Adams, Manahan MP Sitompul, Saldi Isra, Daniel Yusmic Pancastaki Foekh dqn M. Guntur Hamzah.
Meanwhile, one judge of the Constitutional Court as well as a member of the honorary release of the Constitutional Court, Enny Nurbaningsih, is tasked with confirming as well as confrontation over the answers of other constitutional judges when examined.
Palguna stated that no sequence of constitutional judges was examined, but based on who the constitutional judges were who had free time and were not on duty.
"As judges who decide that the case is treated equally, because the positions in the Constitutional Court, the chairman and vice chairman have no privileges," he asserted.
According to him, the constitutional judges were asked for information about a number of materials. The examination materials in question include when the application comes in, the appointment of panel judges to debates at the Hakim Consultative Meeting (RPH).
"We asked about the legal considerations, how the verdict was, whether there was a difference of opinion and what happened. Including, we also asked whether there was a direction or tendency for a change in the position of a judge. That is a standard question with an in-depth study of the documents used as evidence," he explained.
The 103/PUU-XX/2022 decision is the decision of the Constitutional Court regarding the judicial review of Article 23 paragraphs 1 and 2, as well as Article 27 A paragraph 2 of the Law on the Constitutional Court. The verdict was read out on November 23, 2022.
The verdict was in response to a lawsuit filed by Zico Leonard Djajardo Simanjuntak. Zico filed the lawsuit in response to the DPR's decision to replace Aswanto as a constitutional judge.
Aswanto was replaced by Guntur Hamzah who was ratified at the plenary session of the Indonesian House of Representatives on September 29, 2022. Before replacing Aswanto, Guntur was the Secretary-General at the Constitutional Court since 2015.
In its decision, the Constitutional Court rejected the lawsuit filed by Zico and his friends. Zico then reported the case to Polda Metro Jaya on February 1, 2023, on suspicion of falsifying the Constitutional Court's decision documents.
The reason is, in the 103/PUU-XX/2022 decision, Zico found the difference in sentences between those read by the judge during the trial with a copy of the verdict uploaded on the Constitutional Court website.
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