Regarding Conflict Of Interest In The Constitutional Court, Anwar Usman Drags Jimly's Name, Mahfud MD To Saldi Isra

Anwar Usman who was fired from the position of Chief Justice of the Constitutional Court after being decided by the Constitutional Court violated the ethics of a press conference at the Constitutional Court Building, Central Jakarta, Wednesday, November 8. (Diah-VOI)

Constitutional Justice Anwar Usman did not accept being declared involved in a conflict of interest when deciding the case 90/PUU-XXI/2023 regarding the requirements for the age of the presidential and vice-presidential candidates so that they were decided to violate severe ethics by the Honorary Council of the Constitutional Court (MKMK).

Anwar also dragged the name of the Chief Justice of the MKMK Jimly Asshiddiqie who read out the Constitutional Court's decision. According to Anwar, Jimly, while serving as Chief Justice of the Constitutional Court for the 2003-2008 period, it is suspected that he also had a conflict of interest when handling a number of cases.

"Regarding the issue of conflicts of interest or conflict of interest, since the era of the leadership of Prof. Jimly, in decision number 004/PUU-1/2003, decision 066/PUU-II/2004, decision Number 5/PUU- IV/2006 which canceled the supervision of KY (Judicial Commission) against constitutional judges," Anwar said at a press conference at the Constitutional Court Building, Central Jakarta, Wednesday, November 8.

Apart from Jimly, Anwar also mentioned the name Mahfud MD while serving as Chief Justice of the Constitutional Court for the period 2008-2013, Hamdan Zoelva who was the Chief Justice of the Constitutional Court for the period 2013-2015, and Arief Hidayat as the Chief Justice of the Constitutional Court for the period 2015-2018 were also involved in alleged conflicts of interest.

"Decision number 48/PUU-IX/2011, decision number 49/PUU- IX/2011 in the era of leadership of Prof. Mahfud MD., decision number 97/PUU- XI/2013, decision number 1-2/PUU-XII/2014 which canceled Perppu MK in the leadership era of Mr. Hamdan Zoelva, case decision 53/PUU- XIV/2016, Decision Number 53/PUU-XIV/2016 in the leadership era Prof. Arief Hidayat," said Anwar.

Anwar also touched on the issue of a conflict of interest when constitutional judge Saldi Isra handled the case regarding the age limit for the chairman and deputy chairman of the Constitutional Court in case number 96/PUU-XVIII/2020.

"At that time I was the Chief Justice of the Constitutional Court and his deputy Prof. Doctor Aswanto, even though it was related to my direct problems, I did not maintain my position, but I continued to conduct dissenting opinions, including the direct interests of Prof. Saldi Isra in Article 87b regarding age that did not meet the requirements," he said.

So, Anwar felt slandered because he was said to have a conflict of interest in the Constitutional Court's decision which allowed regional heads not yet 40 years old as presidential and vice-presidential candidates. This accusation arose because Anwar was the uncle of Gibran Rakabuming Raka who is now Prabowo Subianto's vice presidential candidate.

"The slander addressed to me is related to the handling of case Number 90/PUU-XXI/2023, which is a very heinous slander, and is not based on the law at all," said Anwar.

In the decision on the ethical violation of constitutional judges which was read out on Tuesday, November 7, Chief Justice of the Constitutional Court Jimly Asshidiqqie stated that Anwar Usman was proven to have committed serious violations of the code of ethics and behavior of constituting judges.

Jimly said that the uncle of the prospective vice presidential candidate Gibran Rakabuming Raka opened the space for outsiders to intervene in the formulation of the Constitutional Court's decision in case number 90/PUU-XXI/2023 which allowed regional heads not yet 40 years old as presidential and vice-presidential candidates.

"The reported judge (Anwar Usman) was proven to have deliberately opened the space for outside intervention in the decision-making process number 90/PUU-XXI/2023, thus violating Sapta Karsa Hutama, Independence Principle, Implementation of Numbers 1, 2, and 3," said Jimly.

This was supported by Anwar Usman's attitude involved in the judge's deliberation meeting (RPH) on the 90/PUU-XXI/2023 case, after previously being absent from the RPH of a similar material test case.

"The reported judge (Anwar Usman) did not resign from handling the 90/PUU-XXI/2023 case, even though in fact there was a conflict of interest, because the 90/PUU-XXI/2023 case was directly related to the interests of the reported judge's family, namely Gibran Rakabuming Raka," said Jimly.

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 to pass Gibran running as a vice presidential candidate even though he was not yet 40 years old. The Constitutional Court ordered the Deputy Chief Justice of the Constitutional Court to lead 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.