Ethics Council at an online hearing to examine a report by Forum Mahasiswa Peduli Konstitusi (FORMASI), Tuesday (4/16/2024). Photo by MKRI/Bayu.

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JAKARTA (MKRI) — The Constitutional Court Ethics Council (MKMK) held an examination hearing on a report by a forum of university students who have concerns over constitutional issues, Forum Mahasiswa Peduli Konstitusi (FORMASI), on Tuesday, April 23, 2024. At the closed hearing on alleged breach of code of ethics of constitutional justices committed by Constitutional Justice M. Guntur Hamzah, presided over by chairman I Dewa Gede Palguna and members Yuliandri and Ridwan Mansyur, witnesses for the complainant of case No. 06/MKMK/L/04/2024 were presented. They were Ahmad Siboy, Ibnu Samwidodo, and Basuki Kurniawan.

Ahmad Siboy revealed that he knows the reported justice as non-active chairman of the Association of Constitutional and Administrative Law Lectures of Indonesia (APHTN-HAN) since 2022. The association’s statute/bylaws, he said, did not mention anything about a non-active chairman, only acting chairman.

“Based on Article 26 paragraph (1) of the statute/bylaws of APHTN-HAN, the central and regional executives who become state or regional officials must resign from their positions. Meanwhile the reported remains chairman until 2025 and at the moment is a non-active chairman,” he said virtually.

Ibnu Samwidodo and Basuki Kurniawan also substantiated the statement. Under the guidance of the legal counsels, they revealed that they only know of the reported justice, but not personally, as they had often attended APHTN-HAN events where the reported justice delivered presentations.

Also read: University Students, Activists Report Alleged Ethics Breach by Justice

At the preliminary hearing on Tuesday, April 16, 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.

Also read:

Court to Officially Establishes Permanent Ethics Council

Ethics Council for 2024 Term Takes Oath

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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