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Disappointment Over Dismissal of Chief Justice by Honorary Council of the Constitutional Court

Jakarta

Honorary Council of the Constitutional Court (MKMK) decided that Chief Justice of the Constitutional Court (MK) Anwar Usman was proven to have committed a serious violation and was dismissed regarding the decision on the age requirements for presidential and vice presidential candidates. One of the reporters from Perekat Nusantara and TPDI, Petrus Selestinus, admitted that he was disappointed with the MKMK’s decision.

“Regarding the MKMK decision in question, advocates for Perekat Nusantara and TPDI as one of the reporters, expressed their deep disappointment,” said Pertrus as coordinator of Perekat Nusantara and TPDI, in a written press statement, Tuesday (7/11/2023).

Petrus said that the MKMK did not dare to impose strict sanctions in the form of dishonorable dismissal on Anwar Usman. In fact, said Petrus, MKMK should save MK’s muruah.

“The reason is because the MKMK firmly stated that the Reported Judge was proven to have committed a serious violation, but the MKMK did not dare to impose sanctions in the form of ‘disrespectful dismissal’ in accordance with the provisions of Article 47 of MK Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court,” said Petrus.

Petrus assessed that the MKMK, chaired by Jimly Asshiddiqie, had failed to restore the MK’s grace and honor. He also said that the reporter could not appeal the MKMK decision.

“With a decision like that, Jimly Asshiddiqie and the MKMK have actually failed to restore the dignity and honor and independence of the MK guaranteed by the 1945 Constitution from the hands of power using family channels. It’s like a surgeon operating on cancer but still leaving a malignant virus in the patient’s body, so it still threatening MK in the future,” he said.

“Apart from that, the Reported Judge also in MK Regulation No.1 of 2023, has closed the way for the Reported Party/Complainant to appeal, while the Appeal regulations which should have been made by the Reported Judge as Chief Justice of the Constitutional Court have been ignored, even though that is the duty and obligation of a Chief Justice of the Constitutional Court. ,” he added.

Not satisfied with the MKMK’s decision, Perekat Nusantara and TPDI, said Petrus, would report Anwar Usman to the Ombudsman. The report, said Petrus, related to errors in the governance of public administration services at the Constitutional Court.

“Perekat Nusantara Advocates and TPDI will report the Reported Judge to the Indonesian Ombudsman regarding errors in the governance of public administration services at the Constitutional Court, especially in closing the door to public control of the Constitutional Court so far,” he said.

It is known that MKMK read out decision number 2/MKMK/L/11/2023. The decision was related to alleged violations of ethics by Constitutional Court judges with the reported Chief Constitutional Court Anwar Usman.

“The reported judge was proven to have committed serious violations,” said MKMK Chairman Jimly Asshiddiqie reading his decision. Anwar Usman was dismissed from his position as Chief Justice of the Constitutional Court, but not dismissed from his position as constitutional judge.

The verdict was read out in a trial held at the Constitutional Court Building, Jalan Medan Merdeka Barat, Tuesday (7/11). This session was chaired by a panel consisting of MKMK Chairman Jimly Asshiddiqie and Bintan members R Saragih and Wahiduddin Adams.
This decision is related to reports from Denny Indrayana, PEREKAT Nusantara, TPDI, TAPP, Civil Youth Association, PBHI, the Indonesian Law Care Advocacy Team, LBH Barisan Volunteers for the Path of Change, professors and law lecturers who are members of the Constitutional Administrative Law Society (CALS), Constitution Guard Advocate, LBH Yusuf, Zico Leonardo Djagardo Simanjuntak, KIPP, Tumpak Nainggolan, BEM Unusia, Alamsyah Hanafiah, and PADI.

MKMK began the reading by explaining the matter of the Constitutional Court’s decision which is final and binding. The MKMK is of the opinion that it rejects or at least does not consider the reporter’s request to assess, annul, correct or review the Constitutional Court’s decision number 90/PUU-XXI/2023 which changes the age requirements for presidential and vice-presidential candidates. It is known that this decision means that Indonesian citizens under 40 years of age can become presidential or vice-presidential candidates as long as they have held/are currently holding positions elected in the General Election or Pilkada.

(when/day)

2023-11-07 18:49:01


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