The Results Of The Constitutional Court's Ethics Session Announced Next Week, MKMK Asked To Dare To Take Firm Decisions

Illustration of the Constitutional Court (ANTARA) trial

The Honorary Council of the Constitutional Court (MKMK) will announce the verdict of the examination hearing regarding alleged violations of the code of ethics by the Constitutional Court judge in the case of the presidential and vice presidential candidate age decisions on Tuesday, November 7, next week. The Central Manager of Indonesian Law and Policy Studies (PSHK), Violla Reininda, appealed to the Constitutional Court to have the courage to take a bold and firm decision regarding the matter. According to him, the Constitutional Court's decision on reports of alleged violations of the code of ethics by the Chief Justice of the Constitutional Court Anwar Usman, will restore the image and muruah of the Constitutional Court. "MKMK must have the courage to take the path of activism by giving sanctions other than ethics, but also regarding the legitimacy of the Constitutional Court's decision regarding the testing of the presidential and vice presidential terms," said Violla in Jakarta, Friday, November 3. Violla reminded that the MKMK's function not only decided and tried ethical cases, but also to maintain the dignity and honor of the Constitutional Court. He also appealed to the public to support the MKMK to take a bold decision. "The community continues to support the MKMK to produce a firm and bold ethical punishment decision," Violla said.

In addition, continued Violla, MKMK needs to make a leap because of the significant destructive power to the Constitutional Court institutionally due to Anwar Usman's conflict of interest which is very bright in this case.

"The expected sanction, namely the dishonorable dismissal as the Chief Justice and Constitutional Justice, states that the 90/2023 decision is null and void due to formal defects, or at least, asks the MKMK to order the Constitutional Court to review the decision to re-examine the terms of the presidential and vice presidential candidates without involving the Reported Judge," explained Violla.

Referring to Article 17 paragraph (6) and (7) of the Law on Judicial Power, he added, this article could be a reference for the MKMK to validate the decision on the age condition, especially when it is decided to commit a serious violation.

"This is an extraordinary condition, it involves the helm of the Constitutional Court, which has a strategic and active role in smoothing the case so that it can be granted. This article can be implemented to the Constitutional Court because it includes the chapters of the principles of judicial power, which bind both the Supreme Court and the Constitutional Court," concluded Violla.

Previously, the Honorary Council of the Constitutional Court (MKMK) conducted a marathon examination hearing regarding alleged violations of the code of ethics by the Constitutional Court judge in the case of a decision on the age limit for presidential and vice presidential candidates. The plan is that the MKMK will announce the verdict of the case on Tuesday next week, November 7, 2023. So, what sanctions will be given to the Constitutional Court judge who is proven to have violated the code of ethics? Chief Justice of the Constitutional Court Jimly Asshiddiqi said, there are three sanctions that will be issued by the Constitutional Court.

"In the Constitutional Court Regulation (PMK), it is clear that there are three kinds (sanctions), warnings, warnings, and dismissals," said Jimly, Tuesday, October 31, evening.

Jimly said the most severe sanctions were dismissal sanctions. It was explicitly stated that there was a disrespectful dismissal, there was also a respectful dismissal. "There are also warning sanctions," he said.