Constitutional Court's Neutrality Is Questioned After Anwar Usman Wants To Marry President Jokowi's Sister

Constitutional Court Building/Photo: mkri

JAKARTA - Chairman of the Constitutional Court (MK) Anwar Usman will soon marry Idayati, the younger sister of President Joko Widodo. This news is certainly a happy news, but on the other hand, it creates a negative perception.

Many parties believe that the Constitutional Court must be careful in making future decisions after the Chief Justice of the Constitutional Court and the President become brothers-in-law. Not even a few, suggested that Usman resigns from his position to maintain the independence of the Constitutional Court.

So, what are the views of the experts in terms of state administration, public policy, and politics?

Andalas University constitutional law expert, Feri Amsari, suggested Anwar Usman to leave his position as Chief Justice of the Constitutional Court (MK).

"Constitutionally, this marriage has a constitutional impact," he said in a written statement, Tuesday, March 22.

However, said Feri, the Chief Justice of the Constitutional Court will hear cases related to the president and Jokowi's political interests. For example, testing the State Capital Law (UU IKN).

Conflicts of interest, he said, would arise in every judicial review because the president is one of the parties. For this reason, this conflict of interest must be avoided by the Chief Justice of the Constitutional Court so that the judiciary still has dignity.

"It is important for all of us to have a constitutional court that obeys the values ​​of a judiciary that is independent from all power relations," he said.

Feri also prays that Anwar and Idayati's marriage will run smoothly. However, he still asked Anwar to step down.

"For the sake of love for the Constitutional Court and the idol of the heart should resign because the potential conflict of interest will make people prejudice against the Constitutional Court's decision," he said.

Meanwhile, the Narrative Institute's Public Policy Expert, Achmad Nur Hidayat, assessed that as a public official who is married to a family leader of the state, the impact will not be the same as that of the general public.

Considering Anwar Usman as chairman of the Constitutional Court who is currently handling lawsuits against the government regarding alleged violations of the constitution. Like a lawsuit against the IKN Law.

"Moreover, the news said that within one year the wealth of the Chief Justice of the Constitutional Court increased to 20 billion," said Achmad in Jakarta, Tuesday, March 22.

These things, continued Achmad, raise questions about the integrity of the Chief Justice of the Constitutional Court in making decisions. Such as the 2019 presidential election dispute which was won by President Jokowi, and the lawsuit over the 20 percent Presidential Threshold which was rejected by the Constitutional Court.

"If behind the decisions taken by the Chief Justice of the Constitutional Court there is an element of collusion with the President, then this will damage and betray the constitution, which we should uphold," he said.

Moreover, added Achmad, currently, there are efforts to amend the 1945 Constitution which includes an agenda for postponing elections and extending the presidential term. Although this idea was rejected outright by the President.

"But in the end, Jokowi took a biased attitude, making the public not believe it. If Jokowi said 'No', it was because of the many facts that contradicted the statement he made to the public," said Achmad.

Achmad assessed that the familial relationship between the Chief Justice of the Constitutional Court and President Jokowi's family could create a Conflict of Interest. Which can cause the decisions taken by the Court to be unfair. "And this will undermine democracy," he continued.

To realize Good Governance, said Achmad, there should be no Conflict of Interest, especially among public officials. "For this reason, Chief Justice of the Constitutional Court Anwar Usman must step down from his position as Chief Justice of the Constitutional Court," said Achmad.

Achmad said that the Constitutional Court had to maintain the constitutional guard and be an assessor if there were accusations that the president had violated the constitution. The Constitutional Court, he said, must also ensure that the political constellation runs fairly.

"The government can continue to work constitutionally. If parliament accuses the government of violating the constitution, the Constitutional Court has the authority to judge whether the president violates the constitution or not without a conflict of interest," he said.

Meanwhile, a political observer from Indonesia's Al Azhar University, Andriadi Achmad, assessed that the marriage between the Chief Justice of the Constitutional Court and President Jokowi's younger brother would further reduce the negotiation space between the Palace and the Constitutional Court.

"This can limit movement, especially the Chief Justice of the Constitutional Court," Andriadi told VOI, Tuesday, March 22.

As a result, said Andriadi, the public can already read if there is a decision by the Constitutional Court that is considered odd in deciding cases of judicial review.

"If there is a strange policy that favors the palace, let alone harms the community, the people will know there is nepotism. Because the Chief Justice of the Constitutional Court is the president," he said.

Therefore, Andriadi reminded the Constitutional Court to be more careful in making a decision. Moreover, the determination of the maximum limit for the president's term of office will include a discourse on postponing the 2024 election.

"The palace and the Constitutional Court must be careful in pursuing policies that violate the constitution, for example policies related to postponing elections and others," he said.