Constitutional Justice Anwar Usman withdrew the appeal against the decision of the Jakarta State Administrative Court (PTUN) regarding Suhartoyo's appointment as Chief Justice of the Constitutional Court for the period 2023'2028.
"Granted the appeal withdrawal request submitted by the plaintiff/competitor," said the excerpt of the appeal decision Number 446/B/2024/PT.TUN.JKT quoted from the Jakarta Administrative Court Case Tracing Information System page, Thursday, December 19, which was confiscated by Antara.
Therefore, the Administrative Court stated that Anwar Usman's appeal case was revoked. The Administrative Court also charged Anwar Usman to pay the court fee of Rp. 250,000.
"Ordered the Registrar of the Jakarta State Administrative High Court to drop the appeal case Number 446/B/2024/PT.TUN.JKT, in the ongoing appeal register at the Jakarta State Administrative High Court," the decision said.
Anwar Usman's appeal case was decided on Monday, December 16 by Chief Judge Oyo Sunaryo with two member judges, namely M. Arif Nurdua and Achmad Hari Arwoko.
Anwar Usman filed an appeal against the Administrative Court's decision on Tuesday, August 27, 2024. As for those who are compared, including the Chairman of the Constitutional Court of the Republic of Indonesia and the Honorary Council of the Constitutional Court (MKMK).
Previously, Tuesday, August 13, 2024, the Jakarta Administrative Court decided to partially grant Anwar Usman's lawsuit, which questioned Suhartoyo's appointment as Chief Justice of the Constitutional Court for the 2023-2028 period. The Jakarta Administrative Court declared Suhartoyo's appointment as Chief Justice of the Constitutional Court to be canceled or invalid.
"Declaring null or void the Decree of the Constitutional Court of the Republic of Indonesia Number: 17 of 2023, November 9, 2023 concerning the Appointment of Dr. Suhartoyo, SH, MH as Chairman of the Constitutional Court for the 2023 2028 Term of Office," reads amar Decision Number 604/G/2023/PTUN.JKT.
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The Administrative Court requires the Constitutional Court, as the defendant, to revoke Suhartoyo's decision. Anwar Usman's request to restore his dignity as a constitutional judge was also granted, but the Jakarta Administrative Court did not accept Anwar Usman's request to be re-made as Chief Justice of the Constitutional Court.
"To declare that they do not accept the plaintiff's request to be restored/return to his position as Chairman of the Constitutional Court for the 2023 '2028 term as before," reads the ruling in question.
Suhartoyo was elected as Chief Justice of the Constitutional Court on Thursday, November 9, 2023. Suhartoyo was elected as chairman of the constitutional guard institution 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 Constitutional Court. 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 conditions for the age limit for presidential and vice presidential candidates.
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