MKMK Starts Investigation into Constitutional Justices

MKMK chairman I Dewa Gede Palguna talking about investigation into constitutional justices at the meeting room of the Court’s main building, Wednesday (3/1/2023). Photo by MKRI/Panji.

Wednesday, March 1, 2023 | 13:47 WIB

JAKARTA (MKRI) — The investigation into the change to Constitutional Court (MK) Decision No. 103/PUU-XX/2022 has commenced, starting with questioning the nine constitutional justices. On Monday, February 27, 2023, Majelis Kehormatan Mahkamah Konstitusi (MKMK) or the Constitutional Court’s Ethics Council had questioned Constitutional Justice Suhartoyo, then former deputy chief justice Aswanto (2018–2020) on the next day. Today, the council will question Constitutional Justices Wahiduddin Adams, Manahan M. P. Sitompul, and Arief Hidayat, said the council’s chairman I Dewa Gede Palguna when interviewed on Wednesday, March 1, 2023 at the meeting room of the Court’s main building in Jakarta.

He explained that the constitutional justices were questioned on petition registration, the appointment of the justice panels, and the debates during the justice deliberation meetings (RPH).

“The examination is the same—who were in the justice panel, what the panel’s opinions were, during the justice deliberation meeting what the justices’ opinions were. The conclusion was the legal considerations, the verdict, whether there were different opinions there and what happened there. We also asked whether there was any change in the justices’ stance. Those were the standard questions, along with observations on the documents that were used as evidence,” said the former constitutional justice who served two terms in the Constitutional Court.

Summoning Former Justice Aswanto

Palguna explained that former constitutional justice Aswanto was summoned as a justice who took part in ruling over the case, although he did not attend the ruling hearing since Constitutional Justice M. Guntur Hamzah had been inaugurated. Palguna said investigation into Aswanto was the same as that into the other constitutional justices.

“It was important that [the council] questioned [Aswanto] since he also decided on the case and sided with the majority, not dissenting in the decision. Of course, there was alternative side that we got from his testimony, which I cannot reveal here since confirmation is needed,” Palguna said.

He revealed that there have been no conflicting statements from the two sitting justices and one former justice that had been questioned. “There were variations since everyone’s memory is different. However, so far, overall there have been no conflicting events,” he said.

Palguna said investigation into the other seven constitutional justices was crucial for discovering the facts about the change to the decision. The MKMK, he said, must hear statements from the nine sitting justices. “[Relating to] the change in question during the RPH, we will compare the texts as reported in the media. We are investigating that. That is our starting point. The motive is important for us to find out as a clue,” he added.

Also read:

Court Forms MKMK to Investigate Change to Decision

Court Inaugurates MKMK Secretariat

MKMK Sworn in to Investigate Change to Decision


Palguna revealed that the MKMK was given 30 workdays to investigate the irregularity following Article 3 paragraph (3) of the Constitutional Court Regulation (PMK) N0. 1 of 2023 on the MKMK. Should the council not manage to finish investigation during that time, a 15-workday extension is possible. He stressed that the council officially starts work since the report had been registered into the electronic report book on violation findings (e-BLTP) on February 14.

“It seems that we will request an extension, but we are trying to spend time effectively. It is impossible to finish [investigation] in 30 workdays because only 3 constitutional justices have been questioned. There are things that we need to hear, so more sessions are necessary,” he said.

Palguna said that if certain justices are suspected, more time will be needed for examination. While he understands that the public is concerned with the time needed to investigate the case, he said that it is impossible to halt all hearings in the Court for the investigation. Not to mention, the justices also speak at workshops on the 2024 Election results dispute resolution. He stressed that the MKMK uses its time with propriety.

“[The MKMK works] adjusting to the justices’ hearing schedule. We understand and thank the public who are concerned about [the council’s] performance. The deadline is long if we only see it from the number of days, but in terms of intensity, we actually need more time,” he said.

Palguna explained that the council has not declare a suspect since the case started with a finding, not a report. Therefore, it must hear statements by parties before it can name a suspect.

The MKMK already summoned several individuals, such as Chief Registrar Muhidin, Acting Secretary-General Heru Setiawan, substitute registrars, and court administrators. Tomorrow, it will summons Constitutional Justices Daniel Yusmic P. Foekh and Constitutional Justice M. Guntur Hamzah.

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

Translation uploaded on 3/7/2023 13:43 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.

Wednesday, March 01, 2023 | 13:47 WIB 171