MKMK Putusakan Saldi Isra Tak Langgar Etik Karena Berbeda Opinion Tapi Tetap Disanksi Teguran

MKMK/PHOTO Session: Diah Ayu-VOI

JAKARTA - The Honorary Council of the Constitutional Court (MKMK) issued a decision on reports of alleged violations of the code of ethics and behavior of constitutional judges with reported Saldi Isra.

Saldi became one of the constitutional judges who did not agree with the Constitutional Court's decision regarding the obscenity of regional heads not yet 40 years old as a presidential and vice presidential candidate.

This disapproval was conveyed by Saldi in a dissenting opinion or dissent when reading the verdict of case number 90/PUU-XXI/2023.

In its decision, MKMK Chairman Jimly Asshiddiqie stated that Saldi Isra did not violate the code of ethics because the dissenting opinion was different from the Constitutional Court's decision.

"The judge reported was not proven to have violated the code of ethics and behavior of constitutional judges as long as it was related to dissenting opinions," said Jimly at the Constitutional Court building, Central Jakarta, Tuesday, November 7.

However, the Constitutional Court stated that all constitutional judges, including Saldi Isra, violated the code of ethics and behavior of judges due to the leak of confidential information on the judge's deliberation meeting (RPH) and the omission of the practice of the interests of constitutional judges in handling cases.

"The constitutional judge must not allow the practice of influence to influence each other between judges in determining attitudes in examining, maturing, and deciding a case that causes the functional independence of each judge as 9 pillars of the constitution to become uncooperative, and in his game opens up opportunities for easing the structural independence of power under the influence of the Mahkaman Constitution institutionally," explained Jimly.

On that basis, Saldi Isra and eight other constitutional judges were subject to collective verbal reprimands. The eight judges of the Constitutional Court were Anwar Usman (Chairman of the Constitutional Court), Guntur Hamzah, Manahan M. P. Sitompul, Daniel Yusmic Pancastaki Foekh, Enny Nurbaningsih, Wahiduddin Adams, Suhartoyo, and Arief Hidayat.