Constitutional Justices Suhartoyo, Wahiduddin Adams, and Arief Hidayat after a panel judicial review hearing of Law No. 7 of 2020 on the Constitutional Court, Wednesday (11/8/2023). Photo by MKRI/Ifa.

---

JAKARTA (MKRI) — Advocate Zico Leonard Djagardo Simanjuntak filed a petition to challenge Law No. 7 of 2020 on the Third Amendment to Law No. 24 of 2003 on the Constitutional Court to the Constitutional Court (MK). The first hearing for case No. 139/PUU-XXI/2023 was held at the Constitutional Court on Wednesday November 8, 2023. The hearing was presided over by Constitutional Justices Suhartoyo, Arief Hidayat, and Wahiduddin Adams.

Today’s agenda should have been a preliminary examination. However, until the panel of justices opened the hearing, the Petitioner was not present. Based on information from the Registrar’s Office, the Petitioner was considering withdrawing the petition.

“The Registrar’s Office informed [the panel] that the Petitioner was not present at the hearing on the grounds that he is considering to withdraw his petition. If the Petitioner is present, please confirm this. However, because he is not present and the [hearing] has been officially opened to the public, the panel will report this letter to be addressed in the justice deliberation meeting,” Justice Suhartoyo explained from the plenary courtroom.

Also read: Petitioner Attended Hearing without Toga, Court Delays Hearing on MKMK

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.

Considering case 90/PUU-XXI/2023, the Petitioner argues, it is necessary to establish MKMK immediately to supervise the Constitutional Court. In his petitum, he 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        : Nur R.
PR            : Tiara Agustina
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.

---