Ethics Council chairman I Dewa Gede Palguna and members Yuliandri and Ridwan Mansyur at a closed hearing to hear the complainants’ subject matters, Tuesday (4/16/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court Ethics Council (Majelis Kehormatan Mahkamah Konstitusi or MKMK) held a preliminary hearing on reports by a forum of university students who have concerns over constitutional issues, Forum Mahasiswa Peduli Konstitusi (FORMASI), and a movement by constitutional law activists, Gerakan Aktivis Konstitusi (GAS). The hearing took place at one of the Court’s panel courtrooms in its second building on Tuesday, April 16, 2024. The closed hearing was held to hear the complainants’ subject matters, with Council chairman I Dewa Gede Palguna and members Yuliandri and Ridwan Mansyur presiding. In cases No. 06/MKMK/L/04/2024 and No. 07/MKMK/L/04/2024, M. Guntur Hamzah was alleged to have made a breach of code of ethics of constitutional justices.

FORMASI’s legal counsel Mohammad Taufik stated that the reported justice had allegedly made the ethics breach since he is concurrently the chairman of the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN). This, he added, could give way to communication with executives and members of the association relating to cases being handled by the Court.

“The reported’s being chairman of APHTN-HAN did not have permission from the Constitutional Court, thus he has breached the Constitutional Court Regulation No. 1 of 2023 on the Constitutional Court Ethics Council as he has not maintained the image of independence, dignity, and honor as a constitutional justice as stipulated in the Constitutional Court’s code of ethics. This also affects the Court’s decisions, which in turn affects the public in relation to the petitioners’ petitions to the Court,” Taufik said.

Meanwhile, through legal counsels Sunandiantoro and Edesman Andreti Siregar GAS reported Constitutional Justice M. Guntur Hamzah in relation to several Constitutional Court decisions on the age limit for presidential and vice-presidential candidates, including case No. 90/PUU-XXI/2023. The complainant alleged that the reported justice had breached the code of ethics of constitutional justices for having consistently granted the petitioners’ wish in those cases. The complainant request that the Ethics Council not involve him in the 2024 election results dispute cases.

Also read:

Court to Officially Establishes Permanent Ethics Council

Ethics Council for 2024 Term Takes Oath

Ethics Council Clarifies Reports on Alleged Violations of Justices’ Code of Ethics

Ethics Council Clarifies Constitutional Justice’s Alleged Ethical Violation Report

Ethics Council and Constitutional Justices Strengthen Synergy of Functions and Duties

Ethics Council Holds Preliminary Hearing on Justices’ Alleged Ethics Violations

On November 7, 2023, the ad hoc MKMK handed down decisions on ethical violations committed by the constitutional justices. One of the decisions recommended the establishment of a permanent MKMK.

The Court announced the plan to establish a permanent Ethics Council on Wednesday, December 20, 2023. Based on the Constitutional Court Regulation (PMK) No. 1 of 2023 on the Constitutional Court Ethics Council, the Ethics Council shall consist of three people comprising one constitutional justice, one public figure, and one academic with background in law. Their term of office spans January 8 to December 3, 2024.

Constitutional Justice Ridwan Mansyur represents active constitutional justices, I Dewa Gede Palguna (constitutional justice for 2003-2008 and 2015-2020) represents public figures, while Yuliandri as an academic from Andalas University represents academics with a background in law. 

Author       : Sri Pujianti
Editor        : Nur R.
Translator  : Yuniar Widiastuti (RA)

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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