Suhartoyo-Saldi Convey Commitment to Restore the Image of the Constitutional Court

The controversy over the Constitutional Court's decision regarding the minimum age for presidential and vice presidential candidates has generated negative public comments. The new Chief Justice of the Constitutional Court, Suhartoyo, hopes to restore the MK's image as an upholder of the constitution.

The following article was translated using both Microsoft Azure Open AI and Google Translation AI. The original article can be found in Suhartoyo-Saldi Sampaikan Komitmen Pulihkan Citra MK

KOMPAS/RONY ARIYANTO NUGROHO

Constitutional Judge Suhartoyo, who was elected as the Chief of the Constitutional Court, posed for a photo with Deputy Chief of the Constitutional Court Saldi Isra (left) and former Chief of the Constitutional Court Anwar Usman (right) after the announcement of the new Chief of the Constitutional Court at the Constitutional Court building in Jakarta on Thursday (9/11/2023).

JAKARTA, KOMPAS – The polemic regarding the minimum age decision for presidential and vice presidential candidates has tarnished the image of the Constitutional Court or MK as a legal institution. The new Chief Justice of the Constitutional Court Suhartoyo and Deputy Chief Justice of the Constitutional Court Saldi Isra are committed to restoring the image of the Constitutional Court.

"We are basically trying to improve today's conditions together, which is a joint note," said Saldi after the judges' council meeting (RPH) at the Constitutional Court Building in Jakarta on Thursday (9/11/2023).

In the RPH for the election of the new Chief Justice of the Constitutional Court to replace Anwar Usman, nine constitutional judges agreed on Suhartoyo as the Chief Justice and Saldi Isra to remain the Deputy Chief Justice. However, the Constitutional Court was mandated by the Ethical Council of the Constitutional Court to appoint a new Chief Justice following the dismissal of constitutional judge Anwar Usman as Chief Justice.

Saldi stated that he and Suhartoyo have discussed the situation that has occurred in the Constitutional Court (MK). The leadership in the upcoming MK is also expected to be collective and commanded by a duo, considering that Suhartoyo has been in the MK for almost eight years and Saldi for 6.5 years.

Also read: Suhartoyo Elected in Consensus Deliberation as New Chairman of the Constitutional Court

KOMPAS/RONY ARIYANTO NUGROHO

Cleaners are cleaning the outer front ceiling of the courtroom as constitutional judges hold a meeting to determine the new Chairman of the Constitutional Court at the Constitutional Court building in Jakarta on Thursday (9/11/2023). Suhartoyo was elected as Chairman of the Constitutional Court after being agreed upon by nine constitutional judges in the Constitutional Court.

Meanwhile, Suhartoyo said he could not provide any substantial comments yet. He still has to wait until he is officially inaugurated as the chairman of MK on Monday (13/11/2023).

"We may be able to convey all of that once I am inaugurated. However, our spirits remain the same, that if there is anything perceived as not good in the Constitutional Court, we will work together to improve it, including working collaboratively with the other judges because this is a collective and collegial effort," he said.

Well, the trial is still ongoing, so we cannot comment on it. If we were to comment, there may be further legal action as the case is still in progress.

Therefore, Suhartoyo requests that the public continue to criticize if there are any violations or negative actions taken by the Constitutional Court (MK). In doing so, the MK can consistently evaluate itself even in the presence of minor mistakes.

When asked about the commitment to resolve cases in the Constitutional Court, especially related to the election, he refused to comment because the trial process is ongoing. Similarly, when asked about the pressure for Anwar Usman to resign as a constitutional judge, he remained silent.

Currently, the Constitutional Court is processing case number 141/PUU-XXI/2023 which reviews the minimum age requirement for presidential and vice-presidential candidates that was previously decided in ruling number 90/PUU-XXI/2023. The ruling allows a person under the age of 40 to run for president and vice president as long as they have held or are currently holding a chosen position in elections, including regional elections.

"Well, it is still on trial, if it's still on trial, it cannot be (commented on). Later, there will be another MKMK because commenting on a case that is still ongoing." he said.

When asked further whether Case 141 will be decided quickly given the ongoing election stages, Suhartoyo said, "It's normal, all case handling is in the court registry."

KOMPAS/RONY ARIYANTO NUGROHO

The newly elected Constitutional Judge Suhartoyo was announced as the new Chief Justice of the Constitutional Court at the Constitutional Court Building in Jakarta on Thursday (9/11/2023).

Profile of the Chief Justice of the Constitutional Court

Referring to the official website of the Constitutional Court, Suhartoyo has been serving as a constitutional judge since January 17, 2015. He replaced Ahmad Fadlil whose term expired on January 7, 2015. Suhartoyo began his career as a judge when he served as a candidate judge at the Bandar Lampung District Court in 1986. After that, Suhartoyo was trusted to become a judge at the Curup District Court (1989), the Metro District Court (1995), the Tangerang District Court (2001), the Bekasi District Court (2006), and the Denpasar High Court.

Also read: The prestige of the "Children" of the Reformation begins to fade

In addition, he was selected as Vice Chairman of PN Kotabumi (1999), Chairman of PN Praya (2004), Vice Chairman of PN Pontianak (2009), Chairman of PN Pontianak (2010), Vice Chairman of PN East Jakarta (2011), and finally Chairman of PN South Jakarta (2011).

When the Supreme Court chose Suhartoyo to be a constitutional judge, his inauguration caused controversy. His appointment was opposed by the Judicial Commission because he was still being investigated for alleged violations of the code of ethics.

Also read: Chairman of the Constitutional Court Anwar Usman Subjected to Heavy Sanctions, Dismissed and Prohibited from Standing Trial

In case number 90 regarding the minimum age of presidential and vice presidential candidates, Suhartoyo was the judge who had a dissenting opinion. He also consistently rejected other similar requests because they did not have clear legal standing.