Arsul Sani's Involvement In Handling The 2024 Election Dispute Needs To Be Discussed First In The Constitutional Court RPH

Chairman of the Constitutional Court Suhartoyo (left) discussed with Deputy Chancellor II Unand Khairul Fahmi (right) in Padang, Friday (8/3/2024). BETWEEN/Muhammad Zulfikar.

The Indonesian Constitutional Court (MK) immediately discussed the certainty of Judge Arsul Sani's involvement in the dispute over the results of the general election (PHPU) or the 2024 General Election dispute (Pemilu). "This is part of what will be discussed with the judges," said Chief Justice of the Constitutional Court Suhartoyo in Padang, Antara, Friday, March 8. This was conveyed by Judge Suhartoyo in response to the input of former Chief Justice of the Constitutional Court (MKMK) Jimly Asshiddiqie who asked Judge Arsul Sani to voluntarily not participate in dealing with election disputes. The certainty of Judge Arsul Sani's involvement in dealing with the 2024 election dispute must go through a judge's deliberation meeting or RPH. However, until now the Constitutional Court has not carried out an RPH regarding Arsul Sani's role in the election dispute trial. The RPH discussion will be carried out if there are cases relevant to the judge concerned. Suhartoyo emphasized that if Judge Arsul Sani was later decided not to be involved in dealing with election disputes, it would not be a significant problem. This is because, based on the law on case handling, at least seven judges are carried out and a maximum of nine judges. "Seven judges are still in the quorum but don't think about it first because the objection has not necessarily been granted," he said. Unlike Arsul Sani, who has the potential not to handle election disputes, Judge Anwar Usman is certainly not allowed to participate in the 2024 PHPU. The reason is that Anwar Usman has been sanctioned by the Constitutional Court for being proven to have committed a serious violation of the code of ethics, and the behavior of constitutional judges.

Anwar, who is also the former Chief Justice of the Constitutional Court, is not allowed to be involved or involved in the examination and decision-making of disputes over the results of the Presidential and Vice Presidential Elections, the Election of Members of the DPR, DPD, and DPRD as well as the election for the Governor, Regent, and Mayor Elections which have the potential for a conflict of interest.