MKMK Starts Examining Report on Adies Kadir

MK/DOK building PHOTO: Diah Ayu-VOI

JAKARTA - The Constitutional Court Honor Assembly (MKMK) has begun examining reports submitted by a number of professors, academics, and practitioners of constitutional law on the legality of the appointment of Adies Kadir, the constitutional judge proposed by the DPR.

"We just finished the trial to examine the case or the report," said Chairman of the MKMK I Dewa Gede Palguna as reported by ANTARA, Thursday, February 12.

Palguna explained that the MKMK had listened to the statements of the reporters. For further information, the Honor Assembly consisting of three people will close the results of the reporter's request for information.

"In addition, we have also given a deadline to the pioneers to make improvements in their reports. Of course the improvements are technical and it must be received by the 18th of February," he explained.

The Assembly, he said, should not comment on the substance of the report. In addition, Palguna also could not provide an overview of the continuation of the report in question later.

"How it will continue, I can't say now because we have to meet first (with other members of the MKMK). After that, only then will the development continue," he said.

A total of 21 professors, lecturers, and legal practitioners who are members of the Constitutional and Administrative Law Society (CALS) reported Constitutional Justice Adies Kadir to the Constitutional Court Honor Council or MKMK.

Adies Kadir was reported because his nomination as a constitutional judge proposed by the DPR RI was suspected of violating the code of ethics and guidelines for the behavior of MK judges as well as laws and regulations. This report is said to be to maintain the integrity and dignity of the Court.

"Not only prosecuting or resolving cases when someone has become a judge, we want the MKMK to be involved further to participate in examining the process of becoming a judge," said CALS representative Yance Arizona when answering ANTARA when met after the submission of the report at the Constitutional Court Building, Jakarta, Friday (6/2).

CALS understands that the MKMK has been examining reports when someone has become a Constitutional Court judge. However, in this report, the reporters asked the MKMK to expand its jurisdiction, namely also correcting unethical errors in the selection process for judges.

In its report, CALS reasoned that the nomination of Adies Kadir as a constitutional judge to replace Arief Hidayat was inappropriate because it was carried out after Commission III of the Indonesian House of Representatives chose another candidate, namely Inosentius Samsul.

In addition, CALS also considers Adies Kadir, with his background as a politician, to have a great potential for conflict of interest when trying cases, both testing laws and disputes over election results.

Therefore, CALS through its report asked the MKMK to dismiss Adies Kadir from the position of constitutional judge.

The report was submitted by CALS on Friday (6/2), on the very first day that Adies Kadir served as a Constitutional Court judge. Regarding the report, Member of Commission III of the Indonesian House of Representatives, Rudianto Lallo, assessed that the CALS report was "in the wrong room" or was not appropriate.

He assessed that the MKMK only tried the ethics of judges that were post-factum, not the apriori appointment. According to him, the president's decision regarding the appointment of the Constitutional Court Judge applies the principle of presumption of legality or presumption of innocence in state administrative law.

"This aspiration is a request that is not based on a proper legal argumentation and is relevant to the context," said Rudianto in Jakarta, Thursday (12/2).