Disappointed, Denny Indrayana Calls MKMK Should Fire Anwar Usman From The Constitutional Court Judge

Denny Indrayana (ANTARA)

JAKARTA - One of the reporters on the violation of the Anwar Usman code of ethics, Denny Indrayana expressed his disappointment with the decision of the Honorary Council of the Constitutional Court (MKMK) which only dismissed Anwar from the position of Chief Justice of the Constitutional Court (MK).

Denny regretted Jimly Asshiddiqie, Wahiduddin Adams, and Bintan R Saragih's decision not to fire Anwar from his position as constitutional judges. In fact, Anwar was declared to have violated the code of ethics.

"Even though the rules clearly say that the serious violation of ethics is only dishonorable dismissal. Moreover, there is a concept of procedural law, uitvoerbaar bij voorraad, the verdict can still be carried out first even though there are appeals," Denny said in his statement, Wednesday, November 8.

From the Constitutional Court's decision which according to him was only half way, Denny asked Anwar, who is the uncle of the prospective vice presidential candidate Gibran Rakabuming Raka, to resign as a judge of the Constitutional Court.

"It would be more appropriate if Anwar Usman knew himself and resigned as a constitutional judge. Although, frankly I am not sure, such honorable actions will be taken," he said.

Denny also admitted that he was disappointed that the MKMK was not firm in urging the Constitutional Court to re-examine the case decision which allowed regional heads not yet 40 years old to run as presidential and vice presidential candidates, in the shortest possible time before the KPU's 2024 presidential candidate determination period ended.

Bearing in mind, Denny has submitted a formal test of decision number 90/PUU-XXI/2023 to the Constitutional Court on 3 November.

"If there is any intention, it will not be difficult for the Constitutional Court to examine the fast formality of the presidential candidate's age requirements test, and decide before the deadline for determining the presidential and vice presidential candidate candidate by the KPU on November 13, 2023," said Deny.

"Only then can the constitutional legitimacy and legality of Gibran Rakabuming Raka be completed," he added.

On Tuesday, November 7, MKMK stated that Anwar Usman was proven to have committed a serious violation of the code of ethics and behavior of constitutional judges as stated in Sapta Karsa Hutama, the principle of impartiality, the principle of integrity, the principle of competence and equality, the principle of independence, and the principle of appropriateness and decency.

The sanction was that the MKMK dismissed Anwar Usman from the position of Chief Justice of the Constitutional Court as a result of the Constitutional Court's decision regarding the age limit for presidential and vice presidential candidates in case number 90/PUU-XXI/2023.

The Constitutional Court ordered the Deputy Chief Justice of the Constitutional Court to lead the implementation of the new Constitutional Court leadership election within 2x24 hours.

The Constitutional Court also prohibits Anwar Usman, who is now only a member of the Constitutional Court, from running for Chief Justice of the Constitutional Court until his term as a constitutional judge ends.