MKMK Decides Guntur Hamzah Not To Violate Code Of Ethics

Chairman of the Honorary Council of the Constitutional Court (MKMK) I Dewa Gede Palguna (central) chaired the trial of the verdict on reports of alleged violations of the code of ethics against Constitutional Justice Guntur Hamzah/DOK ANTARA

JAKARTA - The Honorary Council of the Constitutional Court (MKMK) decided that Constitutional Justice Guntur Hamzah did not violate the code of ethics regarding his position as General Chair of the Association for Constitutional Law Teachers and State Administrative Laws (APHTN-HAN). "The reported judge has not been proven to have violated the code of ethics and behavior of the Constitutional Justice as long as he is in charge of his position as General Chair of APHTN-HAN and the influence he may have had in resolving the 2024 Presidential and Vice Presidential PHPU cases," said Chief Justice of the MKMK I Dewa Gede Palguna at Building II Constitutional Court, Jakarta, Antara, Thursday, April 25. In its consideration, the MKMK Panel of Judges assessed that the arguments for the reporter regarding Guntur's position as the General Chair of APTN-HAN could affect his independence in the trial of the case were groundless. "That by referring to the Principle of Eligibility and Politeness in Sapta Karsa Hutama, in particular the application of the number 11, constitutional judges can participate in social or professional associations that do not interfere with the implementation of their duties as constitutional judges," said MKMK member Yuliandri. In the request for information against Guntur as the Reported Judge, Yuliandri continued, it was revealed the fact that Guntur was inactive as the General Chair of APHTN-HAN. The Panel of Judges also considered Guntur's existence as part of his membership in APHTN-HAN, which was later elected as chairman, was not a violation of Sapta Karsa Hutama. In the second part of the verdict, the Panel of Judges also stated that Guntur was not proven to have violated the code of ethics related to legal arguments at the dissenting opinion in Decision Number 29-51-55/PUU-XXI/2023 which was used as the basis for legal consideration in Decision Number 90/PUU-XXI/2023. Previously, Guntur was reported to MKMK by the Constitutional Concerned Student Forum (FORMASI) on suspicion of violating the code of ethics for serving as General Chair of APHTN-HAN. In a preliminary hearing held on Tuesday (16/4), the FORMASI said the position could allow communication between administrators or members of APHTN-HAN and Guntur in relation to being experts in a case that was tried at the Constitutional Court. Apart from being reported by FORMASI, Guntur was also reported by the Constitutional Activists Movement (GAS) for his connection with the Constitutional Court Decision Number 90/PUU-XIX/2023.

GAS suspects Guntur actually violated the code of ethics because he consistently wants to grant the petition submitted by the applicant in the case. Therefore, GAS asked the MKMK not to involve Guntur in handling the 2024 General Election Result Dispute (PHPU) case.