Zico Leonard Djagardo Simanjuntak (Petitioner) at a panel hearing of the judicial review of Law No. 7 of 2020 on the Constitutional Court, Wednesday (11/1/2023). Photo by MKRI/Ifa.

JAKARTA (MKRI) — Zico Leonard Djagardo Simanjuntak, an advocate, has filed another petition of Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court against the 1945 Constitution. However, he attended the preliminary hearing on Wednesday, November 1, 2023 without a toga, which is required in the procedural law, given that he is an advocate. Consequently, Constitutional Justices Suhartoyo, Arief Hidayat, and Daniel Yusmic P. Foekh rescheduled the preliminary hearing for case No. 139/PUU-XXI/2023.

The Petitioner argues in his petition that the Article 27A paragraph (2) is contrary to the 1945 Constitution. He questions the ad hoc nature of the Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK) when it should have been permanent. In essence, the petition is related to allegations of ethics violations committed by the Chief Justice Anwar Usman in ruling on case No. 90/PUU-XXI/2023 because in previous cases such as case No. 24/PUU-XXI/2023, Chief Justice Anwar rejected the Petitioners’ arguments. However, the Petitioner alleged, his attitude was different in deciding case No. 90/PUU-XXI/2023, which many consider beneficial to one of the candidates running in the 2024 election. As such, he argues, it is necessary to establish the MKMK to supervise the Court, and he believes a permanent MKMK should be established immediately.

In his petitum, the Petitioner requests the Court to declare the phrase “Ethics Council of the Constitutional Court” in Article 27 paragraph (2) of the Constitutional Court Law unconstitutional and not legally binding as long as it is not permanently established within 7 x 24 hours after the a quo case is decided.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : M. Halim
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.