A Hybrid MKMK meeting chaired by Jimly Asshiddiqie in a panel courtroom and in via Zoom, Friday (10/27/2023). Photo by MKRI/Fauzan.

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JAKARTA, MKRI — The Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK) held a clarification meeting with complainants on the alleged ethics violations by constitutional justices on Thursday, October 26, 2023. The MKMK meeting was chaired by Jimly Asshiddiqie, with MKMK members Justice Wahiduddin Adams and Bintan R. Saragih in attendance. It took place both on site in one of the panel courtrooms on the 4th floor of the Court’s second building and online on Zoom. The complainants were the Madani Youth Association, Nusantara Advocates Movement (Perekat Nusantara), People’s Advocacy for Nusantara (ARUN), Indonesian Legal Aid and Human Rights Association (PBHI) (PBHI), Ahmad Fatoni, Cipta Karya Keadilan Legal Aid Institute (LB), Advocacy Team for Elections (TAPP).

“We call this a clarification meeting, not a hearing as meant in the new Constitutional Court regulation (PMK No. 1 of 2023) to solve [an issue]. It should not be considered a violation of procedure, although the substance is like a preliminary hearing. This [meeting] is also to ensure a quick response because this issue is heavy and serious and is closely related to the schedule of the presidential tickets’ registration and verification by the KPU, and the final determination of the status of the presidential tickets. Meanwhile, the reports mention the need for the Constitutional Court decisions to be canceled. This shows the importance of time,” said Jimly as the chairman of the MKMK, who also chaired the meeting.

At the meeting, Jimly asked the complainants clarification of the reported parties of the reports submitted to the Council. This is to ensure that the reported parties be summoned in accordance with the allegations outlined in the reports. He also said that before the meeting, the Court had received reports last August, even before the Constitutional Court Decision No. 90/PUU-XXI/2023 was pronounced. The MKMK will focus on the initial stage to register incoming reports so that the complainants get a receipt to then proceed to the next stages.

Legal Interests

The Council also requested clarification from the complainants of the legal interests of the reports, which are related to the complainants’ legal standing.

“We represent individuals with direct interests. As constitutional educators, advocates, and institutions concerned with the mafia of law, we have been concerned with judicial independence, [which would like] not to be influenced by wealth and power, including the Constitutional Court. So, for the presidential/vice-presidential requirements, we believe that there needs to be more effective public oversight over the Constitutional Court,” said Denny Indrayana, who joined the meeting online from Melbourne, Australia.

The administrative process of the reports will be determined for the three complainants who did not attend the meeting: Association of Activists Monitoring the Results of Reform 98, State Officials Monitoring and Supervisory Agency (LPPPN), and Barisan Relawan Jalan Perubahan Indonesia Legal Advocacy Team Legal Aid Institute. At the end of the meeting, Jimly stated that after the reports were registered, summonses would be issued to the complainants to attend the preliminary hearing.

In line with Jimly, Saragih advised the complainants to be prepared to receive a summons from the MKMK. “We hope on the day of their turn, the complainants will be able to present evidence… because the public is highlighting it. If you have witnesses and experts, please notify us, because the process is only until November 24, 2023,” he said.

Also read:

Court Forms Ethics Council over Alleged Ethics Violations by Justices

Constitutional Court Ethics Council Members Inaugurated 

The MKMK was scheduled to begin operations from October 24 to November 24, 2023. It is in charge of receiving complaints about alleged ethics violations by constitutional justices. The appointment of the MKMK is specified in Decree No. 10 of 2023 dated October 23, 2023 on the Establishment and Composition of the Constitutional Court Ethics Council (MKMK) for 2023. The formation of the MKMK is the mandate of Article 27A paragraph (2) of Law No. 7 of 2020 on the Constitutional Court, which reads, “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….” Following up on the provision, on February 3, 2023, the Constitutional Court issued the Constitutional Court Regulation (PMK) No. 1 of 2023 on the Constitutional Court Ethics Council. The council consists of one constitutional justice, one community figure, and one academic having a background in law.

Author       : Sri Pujianti
Editor        : Nur R.
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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