Advocate Revises Petition on Judicial Commission’s Role in Constitutional Court’s Ethics Council
Image

Constitutional Justices Arief Hidayat, Manahan M. P. Sitompul, and Daniel Yusmic P. Foekh opening the material judicial review hearing of Law No. 7 of 2020 on the Constitutional Court, Monday (5/23/2022). Photo by Humas MK/Ifa.


Monday, May 23, 2022 | 10:53 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another hearing for the material judicial review of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court on Monday, May 23, 2022. The Petitioner challenges the Constitutional Court’s role in the Constitutional Court’s Ethics Council (MKMK). The constitutional justices presided over the hearing to examine revisions to petition No. 56/PUU-XX/2022.

Before the panel chaired by Constitutional Justice Arief Hidayat, the Petitioner explained that he had revised the petition following the constitutional justices’ advice at the preliminary hearing, which included the way the article was written as well as the Court’s authority.

“The conclusion in the Constitutional Court’s authority has also been rearranged,” he said.

He had also added Article 24 paragraph (1) of the 1945 Constitution on the free, independent judicial power as a touchstone. In the legal standing, he had also added a mention of possible conflict of interest between the Judicial Commission and the Constitutional Court.

“Given that the Judicial Commission is a state institution that can be in dispute against another state institution where if this conflict of interest is not prevented, the aforementioned petition must be repealed, thus will lead to uncertainty. If we do not hope for the Judicial Commission to file a judicial review [petition], this would not happen. Thus, [my] legal standing is proven because as a citizen [I] care about such a condition,” he stressed.

Also read: Advocate Challenges Inclusion of Judicial Commission in Constitutional Court’s Ethics Council

The case No. 56/PUU-XX/2022 on the judicial review of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court was filed by Ignatius Supriyadi. He challenges Article point 10 of the Constitutional Court Law, which includes Article 27A paragraph (2) letter b, which stipulates, “The provision of letter c paragraph (2) of Article 27A shall be amended, letter d and letter e paragraph (2), paragraph (3), paragraph (4), paragraph (5), and paragraph (6) of Article 27A shall be omitted so that Article 27A shall read as follows: ‘Article 27A: (1) The Constitutional Court shall be required to prepare the Code of Ethics and the Code of Conduct for Constitutional Justices containing the norms to be followed by each constitutional justice in the performance of his/her duties in order to maintain integrity and flawless, fair and statesmanlike personality. (2) In order to enforce the Code of Ethics and the Code of Conduct for Constitutional Justices as referred to in paragraph (1), a Constitutional Court Ethics Council shall be formed, the membership of which shall consist of: a. 1 (one) constitutional justice; b. 1 (one) member of the Judicial Commission; c. 1 (one) academician having a background in the field of law; d. Omitted; and e. Omitted.’”

At the preliminary hearing on Monday, May 9, 2022, the Petitioner alleged that the provision defied legal certainty. He asserted that previous Constitutional Court decisions had ruled that the Judicial Commission had not played a role in or been involved with the Constitutional Court.

“The Judicial Commission is an external institution whose establishment based on Article 24B of the 1945 Constitution did not correlate with the Constitutional Court. Thus, if the Judicial Commission members are involved as members of the Court’s Ethics Council, it is against previous Constitutional Court rulings and, of course, the original intent of Article 24B of the 1945 Constitution,” he said virtually.

Writer       : Utami Argawati
Editor        : Nur R.
PR            : Muhammad Halim
Translator : Yuniar Widiastuti (NL)

Translation uploaded on 5/23/2022 13:58 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Monday, May 23, 2022 | 10:53 WIB 28