Constitutional Justice Daniel Yusmic P. Foekh speaking at freshmen orientation at the Law Faculty of Maranatha Christian University, Friday (9/15/2023) in Bandung. Photo by MKRI/Ifa.

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BANDUNG (MKRI) — Constitutional Justice Daniel Yusmic P. Foekh gave a public lecture at the freshmen orientation on “Integrity in Developing the Legal Profession” organized by the Law Faculty of Maranatha Christian University on Friday, September 15, 2023 in Bandung, West Java Province.

Justice Foekh said the Court’s authority is stipulated in the Article 24C paragraphs (1) and (2) of the 1945 Constitution, i.e. reviewing laws against the 1945 Constitution at the first and last instance with decisions that are final, settling authority disputes between state institutions whose authority is granted by the Constitution, deciding the dissolution of political parties, and settling disputes over general election results

Aside from that, the Court shall pass a decision on the opinion of the House of Representatives (DPR) regarding alleged constitutional violations by the president and/or vice president. In its development, the Court also has the authority to review government regulations in lieu of laws (perppu) and to decide disputes over the results of regional head elections (pilkada).

Next, Justice Foekh explained the code of ethics of constitutional justices. “Based on Article 27A paragraph (1) of the Constitution, the Court is required to compile a code of ethics and constitutional justice guidelines that contain the norms that each constitutional justice must obey to perform their duties in maintaining integrity and an irreproachable, fair, and statesmanlike personality,” he said.

He said that the constitutional justices are subject to a code of ethics and conduct known as Sapta Karsa Hutama regulated in the Constitutional Court Regulation No. 09/PMK/2006. They must apply the principles of integrity, impartiality, propriety, independence, equality, competence, and diligence.

He also explained about the Constitutional Court Ethics Council (MKMK), comprising one sitting constitutional justice, one academic with a background in law, and one public figure.

“The Constitutional Court Regulation No. 1 of 2023 on the Constitutional Court Ethics Council regulates the MKMK’s authority and the procedure for dealing with alleged violations of ethics and conduct by constitutional justices. This regulation repeals and replaces Constitutional Court Regulation No. 2 of 2014 on the Constitutional Court Ethics Council,” he explained.

He further stated that alleged violations are examined and decided within 30 workdays of the report’s registration, with a maximum extension of 15 workdays (vide Article 3 paragraphs (3) and (4) of PMK No. 1 of 2023). Violations are sanctioned with verbal warnings, written warnings, or dishonorable dismissal (vide Article 41 of PMK No. 1 of 2023).

Author       : Utami Argawati
Editor        : Lulu Anjarsari P.
Translator  : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)

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.

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