Nine former MK judges gather to highlight Aswanto’s dismissal

GIACARTA, KOMPAS.com – Nine former Constitutional Court (MK) judges met in person and online on Saturday (10/1/2022) today to discuss the removal judge MK Aswanto by the Chamber of Deputies (DPR).

“We met earlier because of these exes worry with this problem, then suddenly we do. Because if it’s too late, Monday, Tuesday, oh my God, we want to hurry, “former Constitutional Court President Jimly Asshiddiqie said at the Constitutional Court Building, Jakarta, after the meeting.

Jimly said that besides him, there were four former MK judges who attended the meeting in person, namely Mahfud MD, Hamdan Zoelva and Maruarar Siahaan.

Meanwhile, five other judges participated in the virtual meeting, namely Laica Marzuki, Harjono, Maria F. Indrati, Achmad Sodiki and I Dewa Gede Palguna.

Read also: Aswanto Suddenly Fired by Constitutional Court Justice, Commission III: He is a Representative of the DPR, but his DPR Product is canceled

Meanwhile, the Constitutional Court was represented by Secretary General Guntur Hamzah because the President of the Constitutional Court Anwar Usman was in West Nusa Tenggara.

“Because there is no president, only with the general secretary, because we also need clarification with the general secretary, right, because he is the substitute,” said Jimly.

He said that, at this meeting, former Constitutional Court judges proposed that President Joko Widodo not sign the presidential decree relating to the dismissal of Awanto.

Because they believed that the dismissal of Aswanto by the DPR violated the constitution and was based on the DPR’s misunderstanding of the letter sent by the Constitutional Court.

Read also: Judge Aswanto, expert, suddenly dismissed: DPR meddles in the Constitutional Court for political interests

Jimly said the Constitutional Court sent a letter to the DPR to confirm the provisions of the revised Constitutional Court law in which the mandate of the Constitutional Court judges is now based on the age of the judge.

However, according to him, the DPR has in fact interpreted the letter as a request for confirmation regarding the continuation of the mandate of the judges of the Constitutional Court chosen by the DPR.

“This he responded with an action, holding a layoff and a replacement. So it looks like the confirmation he meant was a confirmation from the DPR, even though MK meant it wasn’t what it was,” he said.

Read also: The attitude of the House of Representatives that suddenly removed Judge Aswanto should be overturned for legal reasons

According to Jimly, Mahfud as coordinating minister for political, legal and security affairs took note of the proposal and will discuss it with the government.

“Yes, he is registered, he is diligent in taking notes, but the answer is formal. Since he is the coordinating minister, he will discuss this at the government level because this is a serious problem,” Jimly said.

As is well known, the DPR was suddenly removed judge MK Aswanto from his post and replacing him General Secretary (Sekjen) of the Constitutional Court Guntur Hamzah.

The replacement was ratified by the DPR in the 7th Plenary Session of the First Session of the Year Session 2022-2023, Thursday (29/9/2022).

Commission III chairman Bambang Wuryanto said Aswanto was replaced because he canceled a legislative product made by the DPR despite being a member of the House of Representatives. constitutional judge elected by the DPR.

“Of course it’s disappointing. Yes, if DPR’s products are canceled by him, he’s a DPR representative. That’s right,” Bambang said.

“Basically you are not busy. You are not busy with us. Yes, please forgive us when we have rights, use them,” added the PDI-P politician.

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