MKMK: Arief Hidayat Is Not Proven To Violate The Code Of Ethics Regarding The Position Of Chairman Of PA GMNI

The Honorary Council of the Constitutional Court (MKMK) held a trial to pronounce the verdict at the Constitutional Court, Jakarta, Thursday (28/3/2024). ANTARA/Nadia Putri Rahmani

JAKARTA - The Honorary Council of the Constitutional Court (MKMK) decided that Constitutional Justice Arief Hidayat did not violate the code of ethics related to his position as General Chair of the Indonesian National Student Movement Alumni Association (PA GMNI).

"The reported judge has not been proven to have violated the code of ethics and behavior of the Constitutional Justice as long as it is related to the position of the Reported Judge as the General Chair of the Indonesian National Student Movement Alumni Association," said Chief Justice of the Constitutional Court I Dewa Gede Palguna at the Plenary Session of the Speech of the Constitutional Court's Decision at the Constitutional Court as reported by ANTARA, Thursday, March 28.

It is known, Arief was reported to MKMK by a reporter named Harjo Winoto for his involvement in PA GMNI, which the organization is suspected of being affiliated with the PDI Perjuangan (PDIP).

Moreover, Arief became one of the Constitutional Justices who participated in the trial of the 2024 Presidential Election Result Dispute (PHPU) case where Ganjar-Mahfud was promoted by PDIP to submit an application.

Harjo assessed that if judges affiliated with political parties sit as judges at the PHPU Session, there will be a conflict of interest.

In the consideration read by MKMK member Ridwan Mansyur, the panel assessed that PA GMNI is not an organization affiliated with certain political parties as argued by the reporter.

"By referring to Article 4 and Article 7 AD/ART PA GMNI, it turns out that PA GMNI is not an organization affiliated with a certain political party as argued by the reporter because of its open membership nature," said Ridwan.

MKMK also said that before Arief ran for office in the election contestation for the General Chairperson of PA GMNI, he had asked the Ethics Council for permission and had been answered through letter Number 09/DEHK/U.02/V/2021 which basically allowed Arief to run for chairman.

In addition, in the reporter's argument, Arief, who was inaugurated by Megawati Soekarnoputri, gave the impression of an affiliation between PA GMNI and PDI Perjuangan.

The argument, said Ridwan, had been denied by Arief who stated that Megawati's status when inaugurating was in the capacity as Chairman of the Board of Trustees of PA GMNI.

The Constitutional Court is of the opinion that as long as there is no evidence that shows the opposite, there is not enough reason to state that there has been a violation of Sapta Karsa Hutama.

"In other words, the position of the Reported Judge as the General Chair of PA GMNI is not a violation of the Code of Ethics and Conduct of the Constitutional Justice as argued by the reporters," concluded Ridwan.