Suhartoyo's Sue To The Jakarta Administrative Court, Anwar Usman Asks To Return To Be The Chief Justice Of The Constitutional Court

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

JAKARTA - The constitutional judge and former chairman of the Constitutional Court (MK) Anwar Usman filed a lawsuit with the Jakarta State Administrative Court (PTUN) with the subject of the lawsuit asking for Suhartoyo's decision to appoint him as the new chairman of the Constitutional Court to be declared invalid. "In the main case, granting the plaintiff's claim in its entirety, stating that the Constitutional Court Decree Number 17 of 2023, dated November 9, 2023, concerning the Appointment of the Chief Justice of the Constitutional Court for the 2023-2028 Term," reads the contents of the main lawsuit in Anwar Usman's case as quoted from the official website of the Jakarta Administrative Court Case Investigation Information System in Jakarta, Wednesday, January 31, which was confiscated by Antara. In addition, in the main lawsuit of the case, Anwar also asked that Suhartoyo's decision to appoint him as chairman of the Constitutional Court be revoked. Next, President Joko Widodo's brother-in-law asked Suhartoyo as the defendant to rehabilitate his good name. He also asked to restore his position as Chief Justice of the Constitutional Court. "Require the defendant to rehabilitate the good name and restore the position of the plaintiff as Chief Justice of the Constitutional Court for the period 2023-2028, as before being dismissed," said Anwar Usman's lawsuit. Anwar also filed a lawsuit in the postponement. He asked that Suhartoyo's decision be postponed until an inkrah court decision was made. "Ordered or obliged the defendant to postpone the implementation of Constitutional Court Decree Number 17 of 2023, dated November 9, 2023, concerning the Appointment of Chief Justice of the Constitutional Court for the 2023-2028 term, during the case examination process until a court decision has permanent legal force," reads the lawsuit. The case registered with Case Number 604/G/2023/PTUN.JKT was registered on Friday, November 24, 2023. On Wednesday, January 31, the Jakarta Administrative Court scheduled the reading of the lawsuit and the attitude of the panel on the application of related parties electronically.

It is known that Suhartoyo was elected as chairman of the Constitutional Court replacing Anwar Usman, who was sentenced to dismissal from office by the Honorary Council of the Constitutional Court (MKMK) ad hoc. Anwar Usman was declared to have violated the code of ethics and behavior of judges in adjudicating case Number 90/PUU-XXI/2023 regarding the requirements for the age limit for presidential and vice presidential candidates. Previously, the constitutional judge who is also the spokesperson for the Constitutional Court, Enny Nurbaningsih, emphasized that Anwar Usman's lawsuit did not affect the internal solidity of the Constitutional Court judge. "No, nothing. So, we have sorted out our affairs in such a way as to be judicial, yes, just judicial," said Enny after the inauguration of the Media Center at the First Building of the Constitutional Court in Jakarta, Thursday, January 18. He said the nine constitutional judges, during the panel of judges' deliberation (RPH), were never disturbed by Anwar Usman's lawsuit against the Chief Justice of the Constitutional Court Suhartoyo. "We don't even think about it, because we are really thinking about the things we have to solve," said Enny.