YOGYAKARTA The public highlighted the drama of the selection of the Chief Justice of the Constitutional Court (Mahkamah Konstitusi). The reason is that the voting carried out by nine constitutional judges was carried out in three rounds until they were in one agreement. As a result, Anwar Usman was elected as Chief Justice of the Constitutional Court for the term of office 2028-2023.
As is known, the Constitutional Court (MK) is a high state institution in a constitutional system that holds judicial power with the Supreme Court. According to the 1945 Constitution, the Constitutional Court has 4 powers, namely testing laws on the 1945 Constitution of the Republic of Indonesia, deciding disputes over the authority of state institutions whose authority is granted by the 1945 Constitution, deciding the dissolution of political parties, and deciding disputes related to election results.
The election of the Chief Justice of the Constitutional Court itself is regulated in Law no. 7 of 2020 concerning the Constitutional Court. Article 4 paragraph (3) explains that the Chief Justice of the Constitutional Court was elected by members of the Constitutional Court by way of musyarawah.
The selection of the latest Chief Justice of the Constitutional Court for the 2023-2028 period itself was held on Wednesday, March 15, 2023. This moment was quite highlighted by the public because it was carried out up to three rounds of voting.
The deliberation will start at 11.00 WIB. At that time, nine constitutional judges held the election of chairmen and deputy chairmen through a closed plenary meeting as stipulated by the Constitutional Court No. 6 of 2023. The plenary meeting decided that the election of the Chief Justice of the Constitutional Court and his deputy was carried out by voting at the plenary meeting of the open judge.
It must be noted that nine constitutional judges have the same rights either elected or elected. Voting starts at 14.00 WIB.
Voting is supplied. A total of 9 judges entered the ballot booth. The selection was carried out in a circle of ballots through the available booth. After completion, the ballot letter is put in a box.
The constitutional judge who voted first was Anwar Usman, after that Arief Hidayat, Daniel Yusmic Pancastaki Foekh, Enny Nurbaningsih, Manahan M. P. Sitompul, M. Guntur Hamzah, Saldi Isra, Suhartoyo, and Wahiduddin Adams. In this process, no one of the judges spoke except Arief Hidayat who threw a small joke.
After all voting, the vote count stage arrived. In the first round there were two names who had balanced votes, namely Anwar and Arief Hidayat. Each got four votes. While the remaining one vote was declared invalid because they chose two candidates. Due to these conditions, the vote had to be re-voted.
In the second round of the Constitutional Court chairman's vote, the results were still the same. Arief and Anwar again got four votes each. The remaining votes also re-elected two names so that they were declared invalid. These results bring the next round of voting.
In the third round, Judge Arief Hidayat again threw a joke which was greeted with a light laugh. He said that he gave a voice to Anwar. But the warning did not make the tense situation fluid.
If the results obtained in this round are the same, then the election for the Chief Justice of the Constitutional Court must be held again by deliberation. If it doesn't also produce results, then the determination will be carried out by drawing. Fortunately, this did not happen because the results obtained in the third round of voting paid off.
Arief, who had matched Anwar's vote, only got 4 votes, while Anwar got 5 votes. Through this vote, it was determined that Anwar Usman would become the newest Chief Justice of the Constitutional Court for the 2023-2028 position.
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