This afternoon, the MKMK read out the verdict on Guntur Hamzah's alleged ethical violation

Concurrently the General Chair of the Association of Constitutional Law Teachers, Constitutional Justice Guntur Hamzah was accused of violating ethics.

KOMPAS/HENDRA A SETYAWAN

Constitutional Judge Guntur Hamzah attended the session for the reading of the decision on the Dispute of the Results of the 2024 Presidential Election by Constitutional Judges at the Constitutional Court in Jakarta on Monday (22/4/2024).

JAKARTA, KOMPAS — The Honorary Council Constitutional Court or MKMK will read out its decision on the report alleged ethical violations Constitutional Justice Guntur Hamzah on Thursday (25/4/2024). Guntur was reported to the MKMK because he had not resigned from his position as General Chair of the Association of Teachers of Constitutional Law-State Administrative Law.

Chairman of MKMK I Dewa Gede Palguna, when confirmed, stated that the ethical decision will be read on Thursday afternoon. "Because we have to adjust with the judge's activities (who are currently conducting a case review)," said Palguna on Thursday (25/4/2024).

The Constitutional Court (MK) is currently dealing with cases related to disputes over the results of the 2024 legislative election. At least 299 petitions have been submitted to this political judiciary institution, both by political parties and individual candidates (candidates for members of the Regional Representative Council or members of the DPR/DPRD). Since Wednesday (24/4/2024), the MK has conducted hearing sessions until Friday (26/4/2024).

Also read: Registration of Election Results Disputes Closed, MK Checks Applicant Files

KOMPAS/RONY ARIYANTO NUGROHO

Constitutional Justice Guntur Hamzah at Building 2 of the Constitutional Court, Jakarta, Thursday (2/11/2023).

Guntur was reported by the Forum Mahasiswa Peduli Konstitusi (Formasi) for his position as the Chairman of the Association of State Law and State Administration Law Teachers (APHTN-HAN). In the report, Guntur was suspected of violating the ethics of a constitutional judge by simultaneously holding the position of APHTN-HAN Chairman. This potentially opens communication with the leaders or members of the professional organization in relation to their expertise in cases that are heard by the Constitutional Court.

His position as the chairman of the organization of constitutional law educators is considered to have violated MK Regulation Number 1 of 2023 regarding MKMK. He is considered to have not maintained the image of independence, dignity, and stature as a constitutional judge mandated by the MK judge's code of ethics.

Based on the report, the MKMK has requested a statement from Guntur. Last Tuesday, the MKMK requested statements from three witnesses who were officials from the APHTN-HAN East Java. The three witnesses were Ahmad Siboy, Ibnu Samwidodo, and Basuki Kurniawan.

Also read: The Impact of the Constitutional Court's Decision, Politicization of Social Assistance is Worried to Rampant in the Regional Elections

KOMPAS/PRADIPTA PANDU

I Dewa Gede Palguna when met in the Constitutional Court courtroom, Thursday (13/6/2019).

According to Palguna, the three witnesses revealed that Guntur is still registered as the Chairman of APHTN-HAN despite being inactive since becoming a constitutional judge.

Ahmad Siboy, in his testimony as quoted by the MK page, admitted to knowing Guntur as the inactive chairman of APHTN-HAN since 2022. However, if based on the organization's articles of association, he said that the term "inactive chairman" is not recognized. According to Ahmad, there is only a person performing duties.

He also revealed that Article 26 Paragraph (1) of the AD/ART APHTN-HAN regulates that central and regional executives who become government officials must resign from their positions.