Tomorrow The Constitutional Court Honorary Council Will Read The Decision Regarding Aswanto's Dismissal
JAKARTA - The Honorary Council of the Constitutional Court (MKMK) will read out the verdict related to the dismissal or dismissal of former Constitutional Justice Aswanto through the Plenary Session of Decision Speech on Monday, March 20 at around 13.00 WIB.The Plenary Session of the Disclosure of this Decision is based on Article 39 of the Constitutional Court Regulation (PMK) Number 1 of 2023 concerning the Honorary Council of the Constitutional Court (MKMK).The reading of the verdict was carried out in line with the completion of the implementation of the Plenary Session for the Examination of Follow-Up and Examination as well as the Constitutional Court Honorary Council Meeting (MKMK) on alleged violations of the code of ethics or the behavior of constitutional judges allegedly changing the Constitutional Court Decision Number 103/PUU-XX/2022 concerning the Testing of Law Number 24 of 2003 concerning the Constitutional Court as amended last by Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court (UU MK).The Plenary Session for the Disclosure of the MKMK Decision will be pronounced/readed directly by the Chief Justice of the MKMK concurrently Member I Dewa Gede Palguna (Community Leader), Secretary concurrently Member of the MKMK Enny Nurbaningsih ( Constitutional Law Judge), and Member of the MKMK Professor of the Faculty of Law, Gadjah Mada University Sudjito (Academics with a background in the field of law/Ethnic Council of Constitutional Justices)."The disclosure of the Constitutional Court's decision is the final stage of the examination process on the findings of the MKMK regarding the difference between the Constitutional Court's Decision Number 103/PUU-XX/2022 and the Trial Risalah which was uploaded to the mkri.id page with a decision read/disclosed directly in a public trial on November 23, 2022," said a written statement from the Constitutional Court received in Jakarta, Antara, Sunday, March 19.This difference lies in the final paragraph of page 51 of the Constitutional Court Decision Number 103 / PUU-XX / 2022 on the phrase “ Thus,...” which turns into the phrase “ Going forward,...”.Based on these findings, the MKMK has held a series of Plenary Sessions for Preliminary Examination, Advanced Examination, and MKMK Meetings by listening to statements from a number of parties, including statements from nine Constitutional Justices and five Experts.The Plenary Session and the MKMK Meeting were held behind closed doors from February 9, 2023 to March 14, 2023.Based on Article 40 PMK 1/2023, MKMK can impose sanctions by prioritizing the principle of maintaining dignity and the behavior of constitutional judges.The Plenary Session of the Disclosure of the Constitutional Court's Decision will be conducted openly to the public and broadcast live on the YouTube channel of the Indonesian Constitutional Court.The 103/PUU-XX/2022 decision is the decision of the Constitutional Court regarding the judicial review of Article 23 paragraphs (1), and (2), as well as Article 27 A paragraph (2) of the Law on the Constitutional Court. The verdict was read out on November 23, 2022.The decision was in response to a lawsuit filed by Zico Leonard Djagardo Simanjuntak. Zico filed the lawsuit in response to the DPR's decision to replace Aswanto as a constitutional judge.Aswanto was replaced by Guntur Hamzah who was ratified at the plenary session of the Indonesian House of Representatives on September 29, 2022. Before replacing Aswanto, Guntur was the secretary general at the Constitutional Court since 2015.In its decision, the Constitutional Court rejected the lawsuit filed by Zico and his friends. Zico then reported the case to Polda Metro Jaya on February 1, 2023, on suspicion of falsifying the Constitutional Court documents.The reason is, in the 103/PUU-XX/2022 decision, Zico found the difference in sentences between those read by the judge during the trial with a copy of the verdict uploaded on the Constitutional Court website.