This Is The Reason MKMK Only Removed Anwar Usman From The Position Of Chief Justice Of The Constitutional Court, Not Fired As A Judge

The proceedings of the MKMK trial at the Constitutional Court Building (Photo: DOK VOI/Diah Ayu)

JAKARTA - Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie explained the reason his party did not fire Anwar Usman from membership as a judge of the Constitutional Court (MK). In the decision to violate the code of ethics and behavior of constitutional judges, the Constitutional Court only imposed sanctions for removing the position of Chief Justice of the Constitutional Court and is still a constitutional judge. Meanwhile, in Constitutional Court Regulation Number 1 of 2023, the most severe sanction that Anwar Usman received was the dishonorable dismissal of members. Jimly explained that if he was subject to sanctions for dishonorable dismissal and no longer served as a constitutional judge, he could still file an appeal. "If the sanctions are as determined in the PMK, dishonorable dismissal from members, then they must be given the opportunity for the appeals panel. The Appeal Council was formed based on the PMK," said Jimly at the Constitutional Court building, Central Jakarta, Tuesday, November 7. Meanwhile, Jimly admitted that he did not want the Constitutional Court's decision to have the potential to change again just because Anwar Usman filed an appeal. This makes the decision of the honorary assembly uncertain. Meanwhile, the 2024 election stages have begun. Jimly said there must be fair certainty not to cause problems that result in an unpeaceful and trusted election process. "For this reason, we have decided to leave the chairman, so that the provisions regarding the appeals panel do not apply. Because he does not apply, the Constitutional Court's decision will take effect today and within 2x24 hours an election must be held," explained Jimly. "Hopefully it will be implemented, respected as it should and there is no reason to disrespect it because this is the Honorary Council which was officially formed under a law whose implementation is regulated in PMK," he added. MKMK dismissed Anwar Usman from the position of Chief Justice of the Constitutional Court because he was proven to have committed serious violations of the code of ethics and behavior of constitutional judges related to the Constitutional Court's decision which allowed regional heads not yet 40 years old to run as presidential and vice-presidential candidates.

The Constitutional Court also ordered the Deputy Chief Justice of the Constitutional Court to lead the implementation of the new Constitutional Court leadership election within 2x24 hours. MKMK also banned Anwar Usman, who is the uncle of the future vice presidential candidate Gibran Rakabuming Raka, from running for Chief Justice of the Constitutional Court until his term as constitutional judge ends.