Chief Justice Anwar Usman, Constitutional Justice Enny Nurbaningsih, and spokesperson Fajar Laksono at a press conference on the Ethics Council, Monday (10/23/2023). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court (MK) took an initiative to form the Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK) in response to seven reports of alleged ethics violations by constitutional justices, said Constitutional Justice Enny Nurbaningsih alongside Chief Justice Anwar Usman and Court spokesperson Fajar Laksono on Monday, October 23, 2023 at the lobby of the plenary courtroom.

“These reports [of alleged ethics violations] were made by various groups, including the advocacy team. They involve [alleged] violations of the justices’ code of ethics and contain the request for the resignation of constitutional justices related to the [Constitutional Court Decision No. 90/PUU-XXI/2023]. There were reports on all nine constitutional justices. There are requests for the immediate establishment of the MKMK and reports on the justices who expressed dissenting opinions. There are also reports on justices who granted the petitions, who expressed concurring opinions, and reports requesting that the chief justice resign,” she explained in front of the media.

Based on all these reports, the constitutional justices had convened in a justice deliberation meeting (RPH) and agreed to form the MKMK. Three figures were appointed as MKMK: former Constitutional Court chief justice Jimly Asshiddiqie, academic Bintan Saragih, and Constitutional Justice Wahiduddin Adams. The first represents public figures, the second academia, and the third an active constitutional justice. “In the RPH, we agreed that Jimly Asshiddiqie, Bintan Saragih, and Constitutional Justice Wahiduddin Adams be MKMK members,” she said.

Justice Enny also emphasized that she would fully submit to the MKMK’s decision on the reports. She said that the constitutional justices would not intervene with the council’s authority and decision.

“[The constitutional justices] leave it entirely to the MKMK. We shouldn’t intervene. [The MKMK members] have high credibility, why would we intervene? Is there really a problem about intervention? Are the allegations true? We have fully agreed to fully hand this over to the MKMK. Let the MKMK do its work and we, constitutional justices, concentrate on cases we have to handle as part of the Court’s authority,” she added.

She emphasized that the constitutional justices wish that the MKMK would work as soon as possible to eliminate suspicion and maintain the honor of the Constitutional Court. She also said that public trust is important.

“Do not let this institution lose the trust to maintain the authority it will soon carry out, including relating to the general and presidential election,” she stressed.

Chief Justice’s Response

Answering a question about the allegation of the Constitutional Court being a “family court” that went viral on social media, Chief Justice Anwar Usman said that he upheld his oath of duty as a justice. “I uphold the mandate of the Constitution and my religion,” he said.

He continued that the law must be upheld without any intervention and must not be subjugated by anyone. “And I follow the heading of decisions [that reads] ‘based on the belief in the One Supreme God.’ [Constitutional Court] decisions are not only accountable for the community, but also Allah subhanahu wa ta’ala, the Almighty God. That’s what I do,” he said.

In addition, he asked the media to read Constitutional Court Decisions No. 004/PUU-I/2003, 005/PUU-IV/2006, 97/PUU-XI/2013, and 96/PUU-XVIII/2020 regarding the meaning of conflict of interest. “What is being examined here are norms and laws, not a fact or case,” he said. (*)

Author       : Bayu Wicaksono/L.A.P.
Editor        : Lulu Anjarsari P.
Translator  : Tahlitha Laela/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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