Administrative Court Cancels Suhartoyo's Appointment As Chief Justice Of The Constitutional Court

Chairman of the Constitutional Court (MK) Suhartoyo/DOK ANTARA

JAKARTA - The Jakarta State Administrative Court (PTUN) decided to partially grant the lawsuit of Constitutional Justice Anwar Usman who questioned Suhartoyo's appointment as Chief Justice of the Constitutional Court for the 2023 '2028 period.

"Granted the Plaintiff's lawsuit in part," said the excerpt of the verdict Number 604/G/2023/PTUN.JKT received from the Head of the Legal Bureau and Administration of the Constitutional Court Fajar Laksono as reported by ANTARA, Tuesday, August 13.

The Jakarta Administrative Court stated that Suhartoyo's appointment as chairman of the Constitutional Court was canceled or invalid.

Declare null or void the Decree of the Constitutional Court of the Republic of Indonesia Number: 17 of 2023, dated November 9, 2023 concerning the Appointment of Dr. Suhartoyo, SH, MH as Chairman of the Constitutional Court for the 2023 2028 term of office,' the verdict reads.

The Administrative Court also requires the Constitutional Court, as the Defendant, to revoke Suhartoyo's decision. On the other hand, Anwar Usman's request for restoring his dignity as a constitutional judge as before was also granted.

However, the Jakarta Administrative Court did not accept Anwar Usman's request to be re-assigned as chairman of the Constitutional Court.

"Declare not to accept the Plaintiff's request to be restored/return to his position as Chief Justice of the Constitutional Court for the 2023 2028 term as before," the decision said.

Meanwhile, regarding Anwar Usman's request to punish the Constitutional Court for paying forced money of Rp. 100 per day, if the Defendant is negligent in carrying out this decision since it has permanent legal force or is not accepted.

It is known that Suhartoyo was elected as chairman of the Constitutional Court on Thursday, November 9, 2023. Suhartoyo was elected as chairman through a plenary meeting of constitutional judges behind closed doors with the agenda of deliberation and consensus.

Suhartoyo replaces Anwar Usman who was sentenced to dismissal from office by the Honorary Council of the Constitutional Court (MKMK). Anwar Usman was declared to have violated the code of ethics and behavior of judges in prosecuting cases Number 90/PUU-XXI/2023 regarding the requirements for the age limit for presidential and vice presidential candidates.

Furthermore, on Friday, November 24, 2023, Anwar Usman registered a lawsuit with the Jakarta Administrative Court regarding Suhartoyo's appointment as chairman of the Constitutional Court.