In 2020, a Constitutional Court judge in Indonesia was dismissed and replaced in a controversial manner, prompting a request for a judicial review. The review found that the dismissal was not compliant with the constitution due to the specific conditions that applied for such a dismissal, and the replacement process was improper. However, after the review was read out, the text was changed without approval, leading to an investigation by the Ethics Council. The council found that the judge who replaced the dismissed judge was responsible for the text changes and committed a violation of the code of ethics, but he was only given a written warning instead of dismissal.
Changes to legal documents after they are ratified happen regularly in Indonesia and other countries with an underdeveloped culture of administrative governance. This practice is also seen in government, the House of Representatives (DPR), regulations, administrative decisions, or court verdicts. However, this undermines the trust in the Indonesian judicial system, and the recent issue with the Constitutional Court judgment further highlights the need for trustworthy judicial governance.
Despite the seriousness of the issue, there are arguments made for the lighter sentence given to the judge who committed the violation. Firstly, the text swap had no real influence on the status of the two judges, as Constitutional Court decisions are not retrospective but prospective. Secondly, the principle of presumption of innocence must be respected, and thirdly, the habit of changing text in legal documents is still widespread.
Overall, the sanction given to the judge should serve as a warning for the rest of the Constitutional Court judges and the Indonesian justice system as a whole. While changes to legal documents may still occur, it is important for the trust in the judicial system and due process to be upheld.
