Justice Anwar Usman Clear of Propriety and Decency Violations of Sapta Karsa Hutama

Chairman of the Constitutional Court Ethics Council (MKMK) I Dewa Gede Palguna, alongside Yuliandri and Ridwan Mansyur, holding the MKMK ruling hearing. Thursday (4/7/2024). Photo by: MKRI/Panji

JAKARTA, MKRI—There was no direct civil relationship between the reported Justice and the individual serving as an expert in the State Administrative Court (PTUN) trial. Therefore, the actions did not meet the criteria for causing suspicion with the potential to cause bias in case decision-making. Consequently, the reported Justice was not proven to violate the principles of Decency and Propriety in Sapta Karsa Hutama.

The aforementioned were the legal considerations of the Constitutional Court's Ethics Council (MKMK) as pronounced by MKMK Member Yuliandri during the Plenary Session of the MKMK Decision Pronouncement on the ethical violation allegation reported by Zico Leonard Djagardo Simanjuntak against Justice Anwar Usman. The pronouncement of Decision Number 08/MKMK/L/05/2024 was led by MKMK Chairperson, I Dewa Gede Palguna, alongside MKMK Members, Yuliandri and Ridwan Mansyur, on Thursday, July 4,2024.

"However, The Honor Council reemphasizes that this stance is solely to respect the legal rights of the reported Justice and not to justify his action of filing a lawsuit to PTUN Jakarta against Court Decision Number 17 of 2023. The Honor Council had already declared the violation and issued a written warning in MKMK Decisions Number 01/MKMK/03/2024, 02/MKMK/03/2024, and 05/MKMK/03/2024," said Yuliandri

Therefore, MKMK Chairperson I Dewa Gede Palguna stated that the MKMK ruled that the reported Justice was not proven to have violated the code of ethics and behavior of constitutional justices as outlined in the principles of Decency and Propriety in Sapta Karsa Hutama.

Also read:

Court Hears Case on Alleged Ethics Breach by Constitutional Justice

Ethics Council Hears Allegation of Breach of Propriety

During the preliminary hearing on June 6, 2024, Zico reported an alleged violation of propriety and decency by Constitutional Justice Anwar Usman. He claimed that Muhammad Rullyandi, who served as legal counsel for the Respondent in the 2024 Legislative result dispute at the Constitutional Court, was presented as an expert in PTUN by Justice Usman. Rullyandi was involved in two cases, namely PHPU DPR/DPRD from South Sumatra Province, petitioned by Golkar candidate Sugondo, and Bekasi Regency, petitioned by Golkar candidate Sarim Saefudin. Justice Usman brought Rullyandi as an expert witness in his lawsuit, challenging his dismissal as Chief Justice. Following this report, MKMK will summon Justice Usman and hold subsequent hearings to deliver a decision on the matter.

Also read: Court to Officially Establishes Permanent Ethics Council

Additionally, the Ad Hoc MKMK issued a decision on ethical violations within the Constitutional Court on November 7, 2023. One of the decisions is to recommend the establishment of a permanent MKMK. The Court announced this on December 20, 2023. According to Constitutional Court Regulation No. 1 of 2023 (PMK 1/2023), MKMK consists of three members: one Constitutional justice, one public figure, and one academic with a legal background. MKMK's term of office spans January 8 to December 31, 2024. Constitutional justice Ridwan Mansyur represents active justices, I Dewa Gede Palguna represents public figures, and Yuliandri from Andalas University represents academics.

Author              : Sri Pujianti
Editor               : N. Rosi
Translators       : Dzaki Difa Al Hadiid/Rizky Kurnia Chaesario (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.

Thursday, July 04, 2024 | 16:04 WIB 25