As Chairman of APHTN-HAN, Constitutional Justice Guntur Hamzah did not violate ethics

MKMK believes that the position of general chairman of APHTN-HAN does not interfere with Guntur Hamzah's independence as a constitutional judge.

KOMPAS/HENDRA A SETYAWAN

The Chairman of the Honorary Council of the Constitutional Court, I Dewa Gede Palguna (center), accompanied by members Ridwan Mansyur (left) and Yuliandri, after reading the verdict of alleged ethics violations by constitutional judge Guntur Hamzah in an ethics hearing at the Constitutional Court in Jakarta on Thursday (25/5/2024).

JAKARTA, KOMPAS — The Honorary Council of the Constitutional Court or MKMK assessed that constitutional judge Guntur Hamzah was not proven to have violated the code of ethics and behavior of constitutional judges Sapta Karsa Hutama for his position as general chairman of the Association of Teachers of Constitutional Law-State Administrative Law. This position does not interfere with his independence as a constitutional judge. However, MKMK suggested that if Guntur was not comfortable with this position, he could resign as general chairman, who had held the position since 2021.

This was revealed in the decision of the Constitutional Court (MKMK) which was read out in a session led by the Chairman of MKMK, I Dewa Gede Palguna, on Thursday (25/4/2024) afternoon. The legal considerations of the decision were read alternately by MKMK members Yuliandari, a Professor of Law who is also a former Rector of Andalas University, and Ridwan Mansyur, an active constitutional judge.

The issue of air pollution is not new. The situation of society being threatened by air pollution has been occurring for a long time. There is a significant amount of research showing the threats of air pollution, yet this has not led to significant efforts to control it. As a result, residents are increasingly suffering from the effects of air pollution. Guntur Hamzah was reported to the Constitutionally Concerned Student Forum (Formasi) and the Constitution Activist Movement (GAS) for allegedly violating the ethical code related to his position as the general chairperson of the Association of State Law-Administrative Law Lecturers (APHTN-HAN). Concerns were raised that his position as a constitutional judge and association chairperson may cause conflicts when members or officials of the lecturer's association become experts or become involved in disputes over the results of the 2024 General Election or PHPU in the Constitutional Court.

In addition, Guntur's position as the chairman of APHTN-HAN is deemed unauthorized by the MK institution. Therefore, the plaintiff argues that Guntur has committed a reprehensible act by failing to maintain the image of independence, dignity, and honor as an MK judge. Guntur is considered to have violated the principles of independence, appropriateness, and courtesy in the Code of Ethics and Conduct of the Constitutional Judge Sapta Karsa Hutama.

KOMPAS/HENDRA A SETYAWAN

Journalists recorded the verdict announcement displayed on a monitor during the ethics violation hearing against constitutional judge Guntur Hamzah by the Ethics Council of the Constitutional Court at the Constitutional Court in Jakarta on Thursday (5/25/2024).

Regarding the report, Guntur Hamzah, when questioned by MKMK, explained that in principle, constitutional judges can participate in social or professional associations that do not interfere with their duties as constitutional judges. This is in accordance with the application of the fourth principle of the Code of Ethics and Behavior for Judges (clause 4.11 of Sapta Karsa Hutama). In addition, Guntur also admitted to resigning as the general chairman of APHTN-HAN in September 2023, which he announced in his speech at the APHTN-HAN II National Conference in Batam on September 29, 2023.

In addition, he has also submitted a non-active status as the chairman, so currently he does not have the authority to sign correspondence for APHTN-HAN.

Consideration

Before making a decision, the member of MKMK Yuliandri considers the nature of the organization APHTN-HAN as a professional organization for HTN and HAN educators in universities oriented towards the progress of science, technology, and arts, particularly in the development of HTN and HAN. Membership in this organization is open and independent for educators in the field of science and is not bound to any particular social political organization.

Referring to the implementation of the 11 Principles of Decorum and Courtesy in Sapta Karsa Hutama, constitutional judges are allowed to join social or professional associations as long as they do not interfere with the execution of their duties. APHTN-HAN, according to Yuliandri, falls under the organization referred to in the code of ethics.

In addition, MKMK also discovered the fact that Guntur has held the position of chairman since serving as Secretary General of MK. He was elected at the Fourth National Conference of APHTN-HAN in Samarinda, East Kalimantan, on February 3-4, 2021. Since becoming a constitutional judge, Guntur has also been inactive as chairman, as evidenced by Decree Number 01.11/APHTN-HAN/XII/2023 regarding the Central Management of APHTN-HAN for the 2021-2025 term.

KOMPAS/HENDRA A SETYAWAN

The applicants and related parties participated in the hearing of the verdict on allegations of ethical violations by constitutional judge Guntur Hamzah by the Ethics Council of the Constitutional Court through an online hearing at the Constitutional Court in Jakarta on Thursday (25/5/2024).

However, in his considerations, Yuliandri also revealed that MKMK believes that if Guntur feels uncomfortable with the position, although it is not an ethical violation, relinquishing the position as the chairman is a wise step.

"Based on the considerations as described above, the plaintiff's argument in relation to the existence of the reported judge as the Chairman of APHTN-HAN, which is considered to violate Sapta Karsa Hutama, is unfounded," said Yuliandri.

Regarding the independence of constitutional judges that potentially get disrupted due to intensive communication with the management or members of an organization, Secretary of MKMK Ridwan Mansyur is actually questioning it. If such intensity of communication can immediately be deemed to have an impact on Judge Guntur's independence when deciding on the PHPU Pilpres, the question that must be answered is which management or member's influence will be "most heard" by the respondent judge.

Even the possibility of becoming a witness or expert on whose side, the applicant, respondent, or the related party, needs to be explained. "With such simple reasoning, it has been proven that the complainant's argument does not show coherence. Moreover, if the complainant's thought construction is followed, intensive communication can occur not only between the Chairman of APHTN-HAN and the management and members of APHTN-HAN but also among the members and between the management themselves. Meanwhile, the fact is, there are five constitutional judges who are also members of APHTN-HAN," said Ridwan.

KOMPAS/HENDRA A SETYAWAN

Constitutional judge M Guntur Hamzah attended the hearing for the reading of the verdict on the dispute over the results of the 2024 Presidential Election by constitutional judges at the Constitutional Court in Jakarta on Monday (22/4/2024).

Therefore, if the reporter's line of thinking is followed, MKMK said, would not the other four constitutional judges also be judged as not independent and therefore considered unfit to judge the Presidential Election dispute? With this consideration, MKMK declared that the report was not proven.