Suhartoyo Inaugurated As Chief Justice Of The Constitutional Court In Lieu Of Anwar Usman November 13

The closed deliberation meeting chaired by Constitutional Justice Saldi Isra appointed Suhartoyo as the new Chief Justice of the Constitutional Court, Thursday 9 November. (Diah-VOI)

JAKARTA - The nine constitutional judges agreed to elect Suhartoyo to be the Chief Justice of the Constitutional Court (MK) for the 2023-2028 period, Anwar Usman's replacement, who was previously dismissed by the Honorary Council of the Constitutional Court (MKMK).

The plan is for Suhartoyo to be officially sworn in on Monday, November 13, 2023. This was revealed by Constitutional Justice Saldi Isra when announcing the results of the deliberation meeting in the main courtroom of the Constitutional Court which was attended by all Constitutional judges.

"God willing, on Monday the oath will be taken in this room. Take an oath in this room. This means that starting Monday the composition of the management of the Constitutional Court will be fulfilled as usual," said Saldi at the Constitutional Court building, Central Jakarta, Thursday, November 9.

Suhartoyo is a constitutional judge who has served since January 2015. Prior to his career at the Constitutional Court, Suhartoyo was a career judge in the general court with the last fullness at the Denpasar High Court.

Saldi explained that the judge's deliberation meeting (RPH) which was held since 09.00 WIB gave rise to two names proposed as Chief Justices of the Constitutional Court.

"The meeting brought up 2 names, because the others did not state that they were willing to become chairman, so they brought up 2 names sequentially, namely Saldi Isra and Mr. Doctor Suhartoyo," said Saldi.

To reduce the choice of the two names, the seven judges gave Saldi and Suhartoyo the opportunity to discuss who was willing to continue their leadership in the Constitutional Court.

"After it was agreed, the constitutional judge who left the room was summoned and we sat nine and it was reported that it was the result. Seven of us outside the two of us accepted the result as a mutual agreement. That is the form of our consensus deliberation held in the RPH room on the 16th floor this morning," he explained.

Denvab composition of the new leadership, Saldi hopes that public trust in the Constitutional Court can recover after a decision regarding the age limit of the polemic candidates.

"Please pray for our blessing together so that the Constitutional Court can tread for sure starting from today to improve itself and gain public support in dealing with the situation in the future, especially the election dispute which will soon approach us all," explained Saldi.

For information, the election for the new Chief Justice of the Constitutional Court followed up on the results of the Constitutional Court's decision to dismiss Anwar Usman. In the decision on the ethical violation of the constitutional judge 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 a serious violation of the code of ethics and behavior of the constituting judge.

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.

During the reading of the verdict, the MKMK ordered the Deputy Chief Justice of the Constitutional Court to lead the implementation of the new Constitutional Court leadership election within 2x24 hours from 7 November.

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.