Jakarta, CNN Indonesia —
A total of 15 professors and teachers of constitutional law (HTN) and state administrative law who are members of the Constitutional and Administrative Law Society (CALS) expressed their views in the first trial of alleged ethical violations by MK judges who were tried by the MKMK.
They called the Chief Justice of the Constitutional Court (MK) Anwar Usman lobbying constitutional judges to grant case Number 90/PUU-XXI/2023 regarding the age limit requirements for presidential and vice presidential candidates. This was conveyed by CALS’ attorney, Violla Reininda, at the Constitutional Court Building, Central Jakarta, Tuesday (31/10).
Violla said that this argument was the basis for Anwar Usman’s alleged violation of the judge’s code of ethics and behavior in accordance with applicable regulations.
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He said that Anwar Usman was involved in a conflict of interest because he rolled out the red carpet for his nephew, the Mayor of Solo, who is also the eldest son of President Joko Widodo to enter the 2024 presidential election through decision Number 90/PUU-XXI/2023.
“Involvement here means that the person concerned does not resign from examining and deciding the case and is also actively involved in lobbying and smoothing the progress of this case so that it is granted by another judge,” said Violla.
According to him, the conflict of interest had started before the case was decided. This was proven by Anwar Usman’s statement when giving a public lecture at Sultan Agung University Semarang on September 9 2023.
At that time, he said, Anwar Usman spoke about the substance of decision Number 90/PUU-XXI/2023 regarding the age limit requirements for presidential and vice presidential candidates.
Violla believes that Anwar Usman has violated the principles of independence, impartiality and integrity.
“In our view, this is very fatal, especially if it was done by a statesman and the top leadership of the MK institution,” he said.
He assessed that Anwar Usman’s actions were not only perpetuating abusive judicial review or using constitutional methods through judicial review to fulfill the interests of a particular group. Especially matters related to his own family relationships.
However, Anwar Usman also accepts that the subordination of the Constitutional Court has made this institution a political tool that can be used by those in power to advance certain interests.
“Here we argue that the reported judge violated the principle of impartiality because he commented openly on the case he was handling, especially the case regarding testing the age requirements for being a presidential and vice presidential candidate,” explained Violla.
Apart from that, he said, Anwar Usman also violated Article 10 letter f number 3 regarding the prohibition on constitutional judges from making open comments outside of court on cases that will be and are being examined.
In its petitum, CALS asked MKMK to examine Anwar Usman for alleged violations of the code of ethics and behavior of constitutional judges.
Then, ask the MKMK to impose dishonorable dismissal sanctions on Anwar Usman from the position of Head of the MK and constitutional judge if proven to have committed serious violations.
(lna/pmg)
[Gambas:Video CNN]
2023-10-31 08:19:26
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