JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie revealed the issue of alleged ethical violations committed by constitutional judges regarding the handling of cases with a minimum age limit for presidential and vice-presidential candidates as regulated in Law Number 7 of 2017 concerning Elections.
These problems were revealed after the Constitutional Court conducted an examination of five whistleblowers and three constitutional judges, namely Anwar Usman, Arief Hidayat and Enny Nurbaningsih.
"The point is, we found a lot of problems, so from these three judges, the problem turned out to be a lot," said Jimly at Building II of the Constitutional Court, Jakarta, Tuesday night.
Jimly then explained the problem. First, the kinship relationship between the judge and the party who benefited from the decision of case number 90/PUU-XXI/2023. The reporter, said Jimly, asked judges who have kinship relations to resign from the case being handled.
"Second, regarding the matter of speaking, the judge spoke publicly about the issues being handled or regarding matters allegedly related to the substance of the case, even though it should be suspected that this has something to do with the public's perception at least," said Jimly.
Third, said Jimly, it was the Constitutional Court judge who expressed anger in public or the decision made by the Constitutional Court. In fact, said Jimly, according to the reporter, this was an internal problem for the Constitutional Court judge.
"Then there was the judge who wrote the dissenting opinion but it was not the substance of the idea that was written, but the expression of anger. This is also a problem," he explained.
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Fifth, continued Jimly, case registration procedures number 90/PUU-XXI/2023 jumped. The reason is, case number 90/PUU-XXI/2023 had undergone changes, then it was withdrawn and finally put back into the Constitutional Court. This, said Jimly, is technical, but related to motives, ethics, leadership motives, and the motive for good governance.
"There are others who question how come this MKMK was formed very slowly," concluded Jimly.
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