Not Resigning From The Constitutional Court Judge, Anwar Usman Can Be Criminally Charged

Anwar Usman At The Constitutional Court Building (Diah Ayu/VOI)

JAKARTA - The Honorary Council of the Constitutional Court (MKMK) decided to dismiss Anwar Usman as the Chief Justice of the Constitutional Court because he was proven to have violated the code of ethics related to the decision on the minimum age limit for the vice presidential candidate. Political observer from the Veteran University of Jakarta, Danis TS Wahidin, assessed that Anwar Usman could be charged with a criminal article if he did not resign from the seat of judge of the Constitutional Court. Danis initially argued that the constitution crisis could not be fully restored after the Constitutional Court's verdict. The reason is, the Constitutional Court's decision can be interpreted as proof that there is indeed an intervention in the candidating process in the 2024 election. Namely, against the candidacy of President Joko Widodo's eldest son, Gibran Rakabuming Raka.

Therefore, according to him, corrective steps are needed to improve public trust in fair and dignified elections. First, Anwar Usman had to step down as a judge of the Constitutional Court.

"In a Constitutional Court structure, he is still a judge. And the efforts that encourage Anwar Usman to resign are very reasonable. Because he has a conflict of interest and tarnished the name of the Constitutional Court," said Danis, Wednesday, November 8, evening. The Constitutional Court, continued Danis, also had to review the article on the requirements for the life of the presidential and vice presidential candidates which contained the age and feasibility of the regional head. However, the results of this review can be carried out in the 2029 election.

Second, the attention of the elite coalition supporting presidential and vice presidential candidates, the Indonesian House of Representatives, the Constitutional Court and the community itself. Danis suggested that the Coalition of Advanced Indonesia (KIM) replaces the vice presidential candidate Prabowo Subianto. This is because the issue of the Constitutional Court not only erodes democracy, but also its electability. "And no less important, the role of the DPR is needed to stop President Jokowi's interventions and jokes in the 2024 election process," said Danis. Then for the community, continued Danis, as the center of democracy that has the right to vote, must give electoral punishments to candidates that violate the ethics and values of democracy by not choosing them. In the midst of the current democratic defects, Danis asked all parties to act as statesmen. Not for the sake of a moment, but for the interests of the nation and state,'' said the executive director of Indodata.

Danis then said that Anwar Usman could be charged with a criminal article on his decision regarding the age lawsuit for the vice presidential candidate. President Jokowi's brother-in-law can be charged with Law (UU) number 48 of 2009 concerning judicial powers of article 17 paragraph 6. Then Law number 28 of 1999 concerning the implementation of a clean and free state KKN articles 21 and 22.

If Mr. Anwar Usman resigns, criminal efforts can be dismissed. However, if he is still a judge, those who are still dissatisfied can convict him to the Supreme Court. But this still requires a very long process, "said Danis.