From Scandal to Scandal

The Constitutional Court (MK) does not seem to be doing well at the moment. A series of problems have hit the institution that was born after the 1998 reform.

REBIYYAH SALASAH

Chief Justice of the Constitutional Court (MK) Anwar Usman flanked by Constitutional Justice and MK spokesperson Enny Nurbaningsih (left) and Constitutional Justice Arief Hidayat during a press conference in the hall of the Constitutional Court, Jakarta, Monday (30/1/2023) .

This condition is alarming. The leadership of the MK needs to take immediate measures to restore the credibility of the Court. The position of the MK is so strategic in our constitutional system. It serves as guardian of the constitution and state ideology. Constitutional judges are statesmen who are considered to have mastered the constitution. Such dignity must be maintained.

Indeed, the MK has been in crisis several times, such as when Chief Justice Akil Mochtar and Constitutional Justice Patrialis Akbar were arrested by the Corruption Eradication Commission (KPK). The two constitutional judges went to jail. At that time, the MK was able to quickly get out of the crisis and then reorganized the institution. We hope that this time the MK can also immediately resolve its internal problems and restore its institutional image.

Also read:

> Ethics are Not enough, Investigate the Allegations as Criminal

> Annul Decision to Replace Justice

The current problem facing the MK is the alleged change in the decision regarding the dismissal of Constitutional Justice Aswanto. There is a difference between the dismissal verdict read out and the verdict written in the court document. Upon reading the verdict, the constitutional judge stated “Thus, the dismissal of constitutional judges before the end of their term of office [...]". However, in the written statement it states "In the future [...] the dismissal of constitutional judges before the end of their term of office [...]" “Those” was changed into “in the future.” The editorial change has different legal consequences.

We appreciate the MK's move to form an Honorary Council to investigate the alleged change in the verdict, even though the change in the substance of the decision actually does not need to take place in an institution filled with statesmen who control the constitution. We urge the Honorary Assembly to work independently and can be trusted by the public.

We appreciate the MK's move to form an Honorary Council to investigate the alleged change in the verdict, which should not have happened in an institution filled with statesmen who understand the constitution. We urge the Honorary Council to work independently and be truthful to the public.

KOMPAS/RONY ARIYANTO NUGROHO

Police guarded the door of the Constitutional Court Building, Jakarta, when Indonesian Corruption Watch (ICW) activists and several representatives of elements of society who are members of Civil Society staged an action calling for the rescue of the Constitutional Court in its courtyard, Tuesday (4/10/2022).

We hope that the MK will be restored to its original duty as guardian of the constitution and guardian of the state ideology. The chaos at the MK occurred because of over-politicization within the MK. It began with "political gratification" by extending the term of office of judges to 15 years or 70 years.

The revision of the Constitutional Court of Law was tested by the MK. Theoretically, there is the legal principle nemo judex idoneus in propria causa (a person cannot be a judge for himself). When this principle is violated, the differences in the views and decisions of the constitutional judges are visible to the public. The public sees that there is a hidden conflict between constitutional judges.

Also read: In the Name of Political Power

One situation became worse when the MK sent a letter to the House of Representatives (DPR) regarding the replacement of constitutional judges proposed by the DPR, as in the case of Judge Aswanto's political recall. The DPR's political move to replace Aswanto and appoint Guntur Hamzah is not in line with the constitution.

Now the public looks forward to the work of the Honorary Council. Hopefully the MK can recover soon. The change in the wording of the verdict, if it actually happened, is a big scandal. We encourage the MK to immediately fulfill the requirements of the Constitutional Court of Law, such as the formation of an Ethics Council, which was vacant two years ago. The MK also has the task of re-electing the Chief Justice and Deputy Chief Justices of the MK in accordance with the decision of the institution itself.

This article was translated by Hendarsyah Tarmizi.