Court Forms MKMK to Investigate Change to Decision

Chief Justice Anwar Usman with Constitutional Justices Enny Nurbaningsih and Arief Hidayat at a press conference on the formation of the Constitutional Court’s Ethics Council (MKMK), Monday (1/30/2023). Photo by MKRI/Ifa.

Monday, January 30, 2023 | 18:38 WIB

JAKARTA (MKRI) — After conducting a justice deliberation meeting (RPH) in response to the allegation of mismatch in Decision No. 103/PUU-XX/2022 on the material judicial review of Law No. 7 of 2020 on the Constitutional Court, the Constitutional Court (MK) decided to form Majelis Kehormatan Mahkamah Konstitusi (MKMK), an ethics council. The announcement was made by Chief Justice Anwar Usman along with Constitutional Justices Enny Nurbaningsih and Arief Hidayat at a press conference on Monday, January 30, 2023 at the Court’s hall.

As the Court’s spokesperson on cases, Constitutional Justice Enny Nurbaningsih announced that the justices had agreed to form the council following Article 27A of the Constitutional Court Law in order to maintain justice, independence, and impartiality in the investigation. The article stipulates that the council comprises one sitting constitutional justice, one academic, and one public figure.

“Meanwhile, we know that only one active member of the Dewan Etik (‘ethics council’) is left, Sudjito. So, he will continue as a member of the MKMK. The other members are I Dewa Gede Palguna, who we all know is a former constitutional justice with extraordinary experience since the Court [was first established] and had outstanding integrity. We hope continuing his dedication, he can take part in the MKMK. Since he is no longer a sitting justice, he will [participate as] a public figure. Then, based on the RPH, [the justices] appointed me as a member who is a sitting justice,” she explained.

The ethics council, she said, would resume activity on Wednesday, February 1, 2023.

“Relating to the MKMK, a Constitutional Court Regulation (PMK) will soon be signed since the MKMK is a new institution, formerly Dewan Etik MK. Because of Law No. 7 of 2022, it is changed to the MKMK. Therefore, to maintain fairness and independence, [the Court] leaves it to the MKMK to resolve this issue. In principle, there will be an appointment letter (SK) soon so that [the council] can work as soon as possible and make everything clear,” she said to the media.

Avoid Rushing

At the Q&A session, Zico Leonard Djagardo Simanjuntak, who filed the petition No. 103/PUU-XX/2022, asked why the MKMK was only formed after the allegation was made.

“The [Constitutional Court] Law was formed in 2020. I undoubtedly have to keep a prejudice since I don’t know who commit this act. I have suspicions, but I don’t know for sure. I believe all constitutional justices the Registrar’s Office, and the Secretariat General could be involved, so why the MKMK has a sitting justice, although the Law stipulates it so?” he asked. He also questioned how the Court could be negligent that the change could happen.

Justice Enny answered that the Court obeys the law, so it cannot violate Article 27A of the Constitutional Court Law, which requires a sitting justice in the council. An exception would only possible if the Court issues a judicial review decision on it, just as it had removed the Judicial Commission from the MKMK through Decision No. 56/PUU-XVII/2020.

“Therefore, we must comply with the Law as our effort to enforce the Constitution. As a member of the MKMK, I will maintain independence,” she stressed.

She also explained that the council was not formed in a rush due to the alleged discrepancy in the decision. She asserted that the Court had been discussing a PMK to regulate the MKMK as the replacement for Dewan Etik since December 2022.

“I must emphasize that until today we have been processing a PMK as a follow-up on the new [Constitutional Court] Law. We cannot draft [the PMK] willy-nilly because it will be our guideline for drafting many things relating to procedural laws. People say the formation of the MKMK could be a little late, but we have been preparing it. There has been Dewan Etik, which still exists despite with only one member. The formation of the MKMK was not driven by this issue, but it has been planned since late December [2022]. However, our piling work [had delayed this since the Court] cannot delay resolving cases. So, we think this is the appropriate moment to form the MKMK,” she stressed.

Meanwhile, Constitutional Justice Arief Hidayat asked that the public remain patience and understanding so that the investigation of the allegation could be followed up on. He said that the constitutional justices had agreed that the most important thing was to maintain public trust in the Court.

“Not to mention, amid this situation, the Court can be the institution to resolve [disputes] over the quinquennial festivity, the legislative and presidential election, in the coming years. Therefore, the Court still have to attend to its regular work, that is, to resolve judicial review cases. Therefore, we appeal to the public and legal observers to remain patience and understanding,” he said.

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 2/28/2023 15:20 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, January 30, 2023 | 18:38 WIB 163