Anwar Usman has been reelected to lead the Constitutional Court (MK). With Saldi Isra the new deputy chairman, they are expected to restore public trust in the court.
By
SUSANA RITA KUMALASANTI
·5 minutes read
ADRYAN YOGA PARAMADWYA
Chief Justice of the Constitutional Court-elect Anwar Usman (left) and Deputy Chief Justice-elect Saldi Isra (right) deliver a press statement at the Constitutional Court Building, Jakarta, Wednesday (15/3/2023).
JAKARTA, KOMPAS — It turned out to be a tough election process on Wednesday (15/3/2023) before incumbent Chief Justice Anwar Usman retained his position for the next five years, accompanied by Saldi Isra as vice chairman. Hopes abound that their collaboration will be able to address the eroding public confidence in the constitution-guarding state institution, especially in the wake of several contentious handlings of cases.
The election process for the Constitutional Court 2023-2028 leadership at the Constitutional Court Building in Jakarta began at 11 a.m. with a deliberation meeting among the nine justices to obtain a consensus regarding the top two positions. With them failing to reach an agreement until 2 p.m., the election went to voting.
However, the shift in the election mechanism did not result in an elected chief justice right away. In the first round, Anwar and Arief Hidayat each won four votes. One ballot paper was declared invalid because it was found having circled two names of justices.
The second round of election was rolled out to feature only Anwar and Arief as candidates. However, the result remained the same, one ballot paper carrying two names in circle. The third round finally saw Anwar edging Arief with five votes against four.
The election of deputy chairman proved to be much shorter with Saldi sealing his position in just one round with five votes. He defeated Daniel Yusmic P. Foekh, who got three votes, while the remaining voter opted to abstain. Saldi now takes up the deputy chairman position, which has been vacant since November following the dismissal of Aswanto by the House of Representatives.
It is feared that the marriage may interfere with his independence as a justice.
Information gathered by Kompas revealed the lobbying among constitutional justices for court chairmanship had been carried out intensively ahead of the election. With Anwar and Arief having been often cited as favorites, it was no surprising that the election was tight.
Anwar was first thrust to the court’s top position as chief justice on 2 April, 2018, replacing Arief, who had assumed his tenure since 2015. Anwar has recently been under public scrutiny following his marriage to President Joko “Jokowi” Widodo's younger sister. It is feared that the marriage may interfere with his independence as a justice.
ADRYAN YOGA PARAMADWYA
Nine constitutional justices pose for a group photo after the plenary meeting for the election of the chairman and deputy chairman of the Constitutional Court for the 2023-2028 period at the Constitutional Court Building, Jakarta, Wednesday (15/3/2023).
Public criticism
After the election, Anwar appealed for support from all parties in his skippering of the court to advance democracy for the nation’s future.
"Feedback and criticism, however bitter they are, will be medicinal [impetus] for both of us to bring the Constitutional Court forward, especially in the face of the simultaneous elections in 2024," he said.
Meanwhile, Saldi voiced that he realized the tasks facing the court in the future would not be easy with the quandary of restoring public confidence in the court. “Moreover, [we are] facing the national election agenda in 2024, which are the presidential election, legislative election and regional head elections. Internal solidarity will be something that we will maintain going forward," he said.
Action plan
Constitutional law teacher Bivitri Susanti sees Anwar Usman as having a heavy ethical burden to restrain with his status as the executive brother-in-law, particularly in his work to deal with the 2024 elections. “Indeed, Pak Jokowi cannot be running again [for third-term presidency], but we know he has political influence. However, with Saldi as the deputy, there is hope that he can act as a counterbalance," she said.
She hoped that the newly elected court leadership would soon form an action plan to be carried out toward the end of 2023. She mentioned three things as urgent in the action plan for the 2023-2028 leadership. First, in relation to the alleged change in the substance of the court's decision, she said the chief justice would have to heed the recommendations made by the court’s honorary council regarding the mechanism for handling cases at the court.
“Especially in clerkship, file management, transparency and so on, these have to be a priority," she said.
The alleged change of the substance refers to the court’s decision No. 103/PUU-XX/2022 concerning the judicial review of Law No. 7/2020 on the Constitutional Court. It is also related to Aswanto's dismissal as an court justice, the case of which is still under the honorary council’s investigation.
Bivitri also urged the court to provide inputs regarding the revision of the Constitutional Court Law, which is now under the House’s hearing session. "The court can provide inputs, cannot it? It is the direct stakeholder," she said
The inputs referred to by Bivitri is related to the routine evaluation of court justices every five years by the proposing institutions (the House, the President or the Supreme Court) or impromptu evaluation any time, called upon a report filed to the proposing institutions regarding court justices. Reports of justice evaluation are currently part of the substance in the fourth revision of the Constitutional Court Law. Election dispute is another issue that needs prudent management and early preparation.
Bivitri pointed to those proposed actions as steps in crisis mitigation urgently needed to help restore public trust in the court.
The court can provide inputs, cannot it? It is the direct stakeholder.
Meanwhile, Aan Eko Widiarto, dean of the law school, Brawijaya University in Malang, expressed skepticism about the composition of the court leadership under Anwar and Saldi.
He referred to Anwar as a representation of the old regime. "There is a glimmer of hope in Prof. Saldi. But another problem [may arise from the fact that] the positions [of chairman and deputy chairman] are the same as the members [collegial collective]. So, I see that even a deputy chairman will not be able to have much of influence," he said.
Under such conditions, he said, it would be difficult for the Constitutional Court to commit to a transformation, make breakthroughs or run fast to meet people's expectations. He added today’s court had failed to perform its role as shown during the past leadership of predecessors Jimly Asshiddiqie and Mahfud MD. (Z14)
