Controversy Surrounding the Dismissal of Anwar Usman from the Chief Justice of the Constitutional Court Position

JAKARTA, KOMPAS.com – The decision of the Honorary Council of the Constitutional Court (MKMK) to dismiss Chief Justice of the Constitutional Court Anwar Usman due to alleged violations of professional ethics is considered good but still not as expected.

“This is a good step but an anticlimax,” said legal practitioner and declarator of Maklumat Juanda, Todung Mulya Lubis, when contacted on Tuesday (7/11/2023).

Mulya, who currently serves as Legal Deputy for the National Winning Team (TPN) Ganjar Pranowo-Mahfud MD, said that the MKMK should have decided to fire or dishonorably dismiss Anwar from the position of constitutional judge, not just from the position of Chief Justice of the Constitutional Court.

Because according to Mulya, from the decision, the MKMK stated that Anwar was proven to have violated a number of ethical codes and principles that should be upheld by a judge as a law enforcer.

Also read: In response to the MKMK’s decision, MHH PP Muhammadiyah asked Anwar Usman to resign as a MK judge

However, even though the MKMK’s decision did not meet expectations, Mulya still respected it.

“This is an important step in ensuring an honest and fair legal process. Hopefully in the future we hope that the Constitutional Court will handle cases more impartially, obey the law and adhere to ethics,” said Mulya.

As previously reported, the MKMK read out its decision on alleged ethical violations of all constitutional judges in the judicial review case number 90/PUU-XXI/2023 concerning the age limit requirements for presidential and vice presidential candidates (capres-cawapres).

The final decision was that the MKMK dismissed Anwar Usman from the position of Chief Justice of the Constitutional Court, because he was proven to have committed a serious violation of the code of ethics in the judicial review of the case.

Also read: MKMK Reluctant to Reveal Anwar Usman’s Method of Deliberately Intervening in Decisions on Age Limits for Presidential and Vice Presidential Candidates

This decision was read out by the Honorary Council of the Constitutional Court (MKMK) in a session on Tuesday (7/11/2023).

“Imposing the sanction of dismissal from the position of chairman of the constitutional court to the reported judge,” said MKMK Chairman Jimly Asshiddiqie, in a hearing held at the Constitutional Court Building, Central Jakarta.

MKMK stated that Anwar was proven to have committed serious violations of the code of ethics and behavior of constitutional judges as stated in the Sapta Karsa Hutama principles of impartiality, integrity principles, competence and equality principles, independence principles, and the principles of appropriateness and decency.

Also read: MKMK: Anwar Usman Deliberately Opens a Room for Intervention regarding the Age Limit Decision for Presidential and Vice Presidential Candidates

In its decision, the MKMK also ordered the Deputy Chief Justice of the Constitutional Court to lead the election of the new MK leadership within 24 hours.

As a result of this violation, President Joko Widodo’s brother-in-law is not entitled to nominate or be nominated as leader of the Constitutional Court until his term as constitutional judge ends.

“Reported judges are not permitted to be involved or involve themselves in examinations and decision making in cases of dispute over the results of the presidential and vice presidential elections, the election of members of the DPR, DPD and DPRD, as well as the election of governors, regents and mayors which have the potential for conflicts of interest,” said Jimly .

In the decision, there was a dissenting opinion from a member of the Honorary Council of the Constitutional Court (MKMK), representing academics, Bintan Saragih, who believed that Anwar should be given a dishonorable discharge.

Also read: Responding to the MKMK Decision, Mahfud Again Feels Proud of the MK

“Because the reported judge was proven to have committed a serious violation. The only sanction for serious violations is dishonorable dismissal and there are no other sanctions as regulated in Article 41 letter c and Article 47 of Constitutional Court Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court,” said Bintan.

The alleged violation of the code of ethics for constitutional judges emerged after the Constitutional Court, chaired by President Joko Widodo’s brother-in-law, Anwar Usman, granted a lawsuit regarding the age requirements for presidential and vice presidential candidates (capres-cawapres) on Monday (16/10/2023) through a controversial decision.

In decision number 90/PUU-XXI/2023, the Constitutional Court formulated its own norm that an official elected through an election can register as a presidential or vice presidential candidate even if they do not meet the minimum age criteria of 40 years.

This decision gives a ticket for Jokowi’s eldest son who is also Anwar’s nephew, Gibran Rakabuming Raka, to run for the 2024 presidential election at the age of 36, armed with the status of Mayor of Solo, which he has only held for 3 years.

Also read: TPN Ganjar: MKMK Decision Affirms the Serious Violations of Constitutional Court Judges in Deciding the Age Limit Lawsuit for Vice Presidential Candidates

Gibran was also unanimously approved by the Advanced Indonesia Coalition (KIM) as Prabowo Subianto’s running mate since Sunday (22/10/2023) and was registered as a presidential and vice-presidential candidate with the Indonesian KPU, Wednesday (25/10/2023).

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2023-11-07 22:20:00


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