MKMK Decision: Arief Hidayat Doesn't Violate The Code Of Ethics Related To Opinion Dissenting Even Though He Says It's "Anomalous"

The Constitutional Court's decision was delivered in the Constitutional Court room, Jakarta, Tuesday 11 November. (Diah-VOI)

JAKARTA - The Honorary Council of the Constitutional Court (MKMK) decided Constitutional Justice Arief Hidayat did not violate the code of ethics related to different opinions or dissenting opinions in the judicial review decision of the Election Law which changed the age requirements of the presidential and vice-presidential candidates to a minimum of 40 years or experienced regional heads.

"The alleged violation of the code of ethics and behavior of constitutional judges related to the dissenting opinion of the reported judge did not violate the code of ethics and behavior of the constitutional judge," said Chief Justice of the Constitutional Court Jimly Asshiddiqie in announcing the MKMK ethics trial against nine constitutional judges at the Constitutional Court Building, Jalan Medan Merdeka Barat, Jakarta, Tuesday 7 November.

In their consideration, MKMK member Wahiduddin Adams explained that Arief did not violate the code of ethics even though he had said negative cosmology in decision Number 90/PPU-XXI/2023.

"Although there was room at the beginning of the opening of a dissenting opinion that exposed the emotional side of a judge, relating to the words "negative cosmology" or "the anomalies and oddities I feel", it cannot be said to be a violation of the code of ethics," Wahiduddin said.

Wahiduddin said that the dissenting opinion of constitutional judges is a complete unit that cannot be separated from the decision Number 90/PPU-XXI/2023. "Therefore, against different opinions (dissenting opinions) the principle of res judica pro veritate habetuur. This means that the judge's decision must be considered correct," he added.

"In essence, a judge's different opinion is a form of personal independence and part of independence of justice power. Thus, the arguments of the reporters regarding this issue are not in accordance with the law and must be put aside," he continued.

As is known, Arief Hidayat became one of four judges who submitted a dissenting opinion in the judicial review decision of the Election Law which changed the age requirements of the presidential and vice-presidential candidates to a minimum of 40 years or experienced being a regional head.