Minister of State Secretary (Mensesneg) Pratikno explained that President Joko Widodo (Jokowi) could not change the decision regarding the replacement of constitutional judges proposed by the DPR.
This was conveyed by Pratikno in response to Guntur Hamzah's inauguration as a judge of the Constitutional Court (MK) or a constitutional judge replacing Aswanto. The replacement of the Constitutional Court judge was considered unilateral and sparked controversy in the community.
"There are executive, legislative, judicial institutions; and the president cannot change the decisions that have been made by other state institutions, in this case the DPR," said Pratikno after the inauguration of Guntur Hamzah as a judge of the Constitutional Court at the State Palace, Jakarta, Wednesday, November 23.
During the inauguration, Guntur read out the oath of office in front of President Jokowi.
Guntur's appointment as a constitutional judge is contained in Presidential Decree (Keppres) Number 114 P of 2022 concerning the Dismissal and Appointment of Constitutional Justices.
In the state order, Pratikno explained that the president as the head of the executive institution could not annul the decision of the legislative body of the DPR.
"So, the president cannot change the decision that has been made by the DPR, in this case it is the proposal to replace the Constitutional Court judge," he explained, quoted by Antara.
In addition, he continued, in Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court, there is an administrative obligation for the president to follow up on the DPR's decision to the presidential decree.
"So, it is an administrative obligation that must be carried out by the president. So, on that basis, then the president has issued Presidential Decree No. 114 of 2022 some time ago," said Pratikno.
President Jokowi has signed the presidential decree for the appointment of Guntur Hamzah as a constitutional judge since November 3, 2022. However, said Pratikno, Jokowi has been busy following various international agendas since early November, so the oath or promise by Guntur Hamzah has only been carried out today.
"There is an extraordinary activity of Mr. President (Jokowi) at the ASEAN Summit, at the G20 Summit, and also at the APEC Summit. He is not in Jakarta, so it is only today that the inauguration is carried out," said Pratikno.
Previously, Commission III of the DPR agreed not to extend Aswanto's term as a constitutional judge at the DPR plenary meeting on Monday, September 29, 2022.
During the meeting, the DPR also appointed Guntur Hamzah, who at that time served as secretary general of the Constitutional Court, to be a constitutional judge based on the DPR's proposal.
"It will not extend the term of office of constitutional judges originating from the proposal of the DPR institution on behalf of Aswanto, and appoint Guntur Hamzah as a constitutional judge from the DPR," said Deputy Speaker of the DPR Sufmi Dasco Ahmad at the DPR plenary meeting.
Chairman of Commission III of the House of Representatives Bambang Wuryanto said Aswanto's dismissal as a judge of the Constitutional Court was because his performance was considered disappointing. Bambang said Aswanto often annulled the legal products made by the DPR.
"Of course we are disappointed because every DPR product is always disallowed by him (Aswanto). Even though he is his representative from the DPR. If you propose someone to be a director at your office and he represents the owner, your policy is not in line with the owner? It will be difficult later," said Bambang Wuryanto.
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