Preventing Conflict Of Judges' Interest, The Constitutional Court Ensures That The RPH Holds Before The Election Dispute Is Tried

Constitutional Justice and Spokesperson for the Constitutional Court (MK) Enny Nurbaningsih (ANTARA/Fath Putra Mulya)

JAKARTA - Constitutional Justice and Spokesperson for the Constitutional Court (MK) Enny Nurbaningsih emphasized that his party is perpendicular to the principle of judicial power to try cases of Dispute in General Election Results (PHPU).

"Indeed, we have to be upright in the principles of judicial power. The principle is there if there is a relationship that then involves conflicts of interest there, the principle must automatically resign," said Enny as quoted by ANTARA, Thursday, January 18.

This was said by Enny in response to reporters' questions regarding whether the former senior politician from the United Development Party (PPP) and the Constitutional Justice who had just been appointed by Arsul Sani should participate in the trial of the PHPU case.

Enny explained, everything related to it will be decided in a judge's deliberation meeting (RPH). However, what is clear is that the Constitutional Court states that it upholds the principle of judicial power to avoid potential conflicts of interest.

"It will be decided in the judge's deliberation meeting whether there is a relationship or a marriage relationship," he said.

If a potential conflict of interest is found between the constitutional judge and the incoming PHPU case, the judge concerned will be transferred to a panel of other cases.

In this case, said Enny, if Arsul sani is considered to have an 'emotional' relationship with the PPP related PPP case, then Arsul is not involved in the panel of cases.

Likewise with Anwar Usman, continued Enny. The former Chief Justice of the Constitutional Court is not allowed to try the PHPU case related to the Indonesian Solidarity Party (PSI), because PSI Chairman Kaesang Pangarep has a family relationship with Anwar.

"For example, there is still such an emotional relationship, at least the panel will be moved. He (Arsul) will not complete a panel related to PPP, such as Mr. Anwar. Mr. Anwar will also never finish part of the panel later during the PSI case, never," said Enny.

Enny explained, each panel consists of three constitutional judges. If a judge is considered to have the potential to conflict with interests, then his position will be replaced by another judge from the same proposing institution.

"We have prepared the design that there will be an exchange of judges there. So, even if there are panel judges that have been determined, each panel is three judges, when for example on the panel where Pak Anwar has PSI, then Mr. Anwar must be replaced by another so that the trial is not disturbed, replaced from the same element," he explained.

According to Enny, the Constitutional Court has prepared the composition of judges to carefully try the PHPU case. The Constitutional Court learned from the problems that occurred when hearing Case Number 90/PUU-XXI/2023 regarding the age requirements for presidential and vice presidential candidates.

"So, we have prepared it very carefully and we also learn from what became yesterday's problem," he said.