Risking the Court

The public hoped that the change of chairman and deputy chairman of the Constitutional Court (MK) and the decision of the Constitutional Court Honorary Council could restore the institution's dignity.

KOMPAS/HENDRA A SETYAWAN

Chief Justice of the Constitutional Court for the 2023-2028 period Anwar Usman (right) and Deputy Chief Justice of the Constitutional Court Saldi Isra after their inauguration at the Constitutional Court Building, Jakarta, Monday (20/3/2023).

The dignity of the Constitutional Court was being tarnished. Scandal after scandal occurred in the institution inhabited by "statesmen who control the constitution." The institution that was formed through amendments to the 1945 Constitution was once so powerful at the beginning of the reform. Over-politicization at the Constitutional Court and the integrity of the Constitutional Court justices makes this institution seem helpless against the political pressures and personal interests of its inhabitants.

The last development was the "dismissal" of deputy chairperson of the Constitutional Court Aswanto by the House of Representatives (DPR). Then, the DPR appointed Guntur Hamzah, secretary-general of the Constitutional Court, as a constitutional justice. The dismissal of Aswanto and the appointment of Guntur did not match the MK Law. However, in the name of political power, everything continues. And everything is calm, even though the violation is real.

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> Restore Public Trust in MK

> The Court’s Heavy Job

The dismissal of Aswanto and the appointment of Guntur took place quickly. The inauguration of Guntur preceded the reading of the Constitutional Court's decision on the MK Law material test. Guntur was inaugurated six hours in advance, before the Constitutional Court stated "thus" the dismissal of a constitutional justice before his term of office can only be done as long as it is in accordance with the Constitutional Court Law. The Constitutional Court's decision is final. The Constitutional Court's decision is the political stance of the Constitutional Court. If interpreted literally, the replacement of Aswanto violates the Constitutional Court Law. However, in its development, the word (phrase) "thus" is changed to "onward." The meaning is very different.

The Constitutional Court Honorary Council stated that the change in the word (phrase) of the decision was carried out by Constitutional Justice Guntur Hamzah. The Constitutional Court's Honorary Council said Guntur had violated the principle of integrity. However, because Guntur had acknowledged his actions, the Constitutional Court Honorary Council imposed sanctions in the form of written reprimands.

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).

Guntur accepted and respected the decision of the Constitutional Court Honorary Council. However, a number of legal experts assessed that the decision was far from expectations and failed to maintain the dignity of the Constitutional Court. In fact, integrity is an important principle to a constitutional justice. When a constitutional justice is declared to violate integrity, does he become a burden to the Court? Or, is integrity just a word without meaning?

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> From Scandal to Scandal

The tough task for the Constitutional Court is how to restore public trust when there are people who have violated their integrity and their independence is doubtful. Work becomes heavier. Nine constitutional justices constructed by the Constitution as "statesmen who control the constitution" and their decisions are what Sociologist of the Law Satjipto Rahadjo calls the "spit of fire."

It is hard to imagine that the statesmen who control the constitution are maintained despite violating integrity. Hopefully there are big souls and true statesmen who are willing to reduce the burden of the Constitutional Court.

This article was translated by Hyginus Hardoyo.