Anwar Usman Violates Ethics, Gibran's Legitimization As A Vice Presidential Candidate Will Continue To Be Questioned

The vice presidential candidate Gibran Rakabuming Raka attended the PSI Kopdarnas at the Senayan Tennis Indoor, Jakarta, Tuesday, August 22. (Ist)

JAKARTA - The reporter for the violation of the code of ethics of the Chief Justice of the Constitutional Court (MK) Anwar Usman, Denny Indrayana, said that the decision of the Constitutional Court Honorary Council (MKMK) resulted in the nomination of Gibran Rakabuming Raka as vice presidential candidate.

This is because the Constitutional Court did not cancel the Constitutional Court's decision with case number 90/PUU-XXI/2023 which allowed regional heads not yet 40 years old to run as presidential and vice-presidential candidates even though Anwar Usman was proven to have committed a serious violation of his code of ethics.

Meanwhile, the MKMK is also not firm in urging the Constitutional Court to re-examine the decision of the case which allows regional heads not yet 40 years old to run as presidential and vice presidential candidates, in the shortest possible time before the KPU ends the 2024 presidential candidate determination period.

"Letting 90 decisions remain in effect, without opening the fastest re-examination room, even though there is a decision by the Constitutional Court which says that the decision was born with ethical violations of Anwar Usman, will cause Gibran's re-vaccination legitimacy to be constantly questioned, even opening up an impact room, even if elected in the upcoming 2024 presidential election," Denny said in his statement, Wednesday, November 8.

According to Denny, the legal decisions that are present with ethical violations should be null and void.

He views that it is not difficult for the Constitutional Court to examine the fast formality of the presidential candidate's age requirements test, and decide before the candidate pair determination by the KPU on November 13, 2023.

"Only then can the constitutional legitimacy and legality of Gibran Rakabuming Raka be completed," he said.

On the one hand, Denny also regretted the Constitutional Court's decision not to fire Anwar from his position as a constitutional judge. In fact, Anwar was declared to have violated the code of ethics.

"Even though the rules clearly say that the serious violation of ethics is only dishonorable dismissal. Moreover, there is a concept of procedural law, uitvoerbaar bij voorraad, the verdict can still be carried out first even though there are appeals," said Denny.

On Tuesday, November 7, MKMK stated that Anwar Usman was proven to have committed a serious violation of the code of ethics and behavior of the constituting judge as stated in Sapta Karsa Hutama, the principle of impartiality, the principle of integrity, the principle of competence and equality, the principle of independence, and the principle of appropriateness and decency.

The sanction was that the MKMK dismissed Anwar Usman from the position of Chief Justice of the Constitutional Court as a result of the Constitutional Court's decision regarding the age limit for presidential and vice presidential candidates in case number 90/PUU-XXI/2023.

The Constitutional Court ordered the Deputy Chief Justice of the Constitutional Court to lead the implementation of the new Constitutional Court leadership election within 2x24 hours.

The Constitutional Court also prohibits Anwar Usman, who is now only a member of the Constitutional Court, from running for Chief Justice of the Constitutional Court until his term as a constitutional judge ends.