Senin 06 Nov 2023 10:40 WIB

Constitutional Court Presidential Verdict on The Thread

MKMK on Tuesday will read the verdict of the Court judge alleging ethical violations.

Rep: 97,559/ Red: Fitriyan Zamzami
Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie leads the preliminary hearing on alleged violations of the code of ethics for constitutional judges.
Foto: Republika/Putra M. Akbar
Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie leads the preliminary hearing on alleged violations of the code of ethics for constitutional judges.

JAKARTA — The Honorary Assembly of the Constitutional Court (MKMK) on Tuesday (7/11/2023) will read the verdict on the case alleging violations of the ethics of the Court judges. However, the MKMK ruling is not believed to touch on the substance of the Court's ruling some time ago regarding the age limit lawsuit of the president and vice president.

Former MKMK chairman I Gede Dewa Palguna said that MKMK's ruling cannot change the Court's ruling. MKMK, he said, had no authority to overturn a case ruling that had been struck down by nine constitutional judges.

Baca Juga

“MKMK should indeed not enter into the Court's ruling. The authority of the MKMK is in relation to (alleged) violations of ethics and the rules of conduct of judges as stated in Sapta Karsa Hutama,” Palguna told reporters confirmed by Republika on Sunday (5/11/2023).

Palguna explained that the MKMK's authority is limited to the imposition of ethical sanctions against the judges of the Court if proven to be in violation. It takes the form of a mild sanction (verbal reprimand), a moderate sanction (a written reprimand), or a severe sanction (dismissal not with respect). “Or maybe MKMK made a new creation regarding this sanction because Prof. Jimly was happy to make a breakthrough, but remained in the ethical area, not entering into the Court's ruling,” Palguna said.

Palguna, who was also a constitutional judge, asked the public to accept with pride the Court's ruling that gave the Mayor Gibran Rakabuming Raka the red carpet to appear in the 2024 presidential election contest. Gibran is known to have officially become a chaperone of Prabowo Subianto and to have applied to the Commission.

“No matter how upset we are with the Court's ruling, it remains binding as a law according to Article 47 of the Court's Law, 'The Constitutional Court's ruling has permanent legal force from the time it is pronounced in a plenary session open to the public, '” the former court judge said.

However, the MKMK ruling could have an impact on the ruling if there is a new application for testing of article 169 letter q (which has been given a different interpretation by the Court through ruling number 90/2023). Reasons for re-testing against Section 169 letter q of the Electoral Act may refer to Article 60 of the Court Act.

“Article 60 of the Court Act nevertheless states that the Act for which testing has ever been requested cannot be retested unless the constitutional grounds used as the basis for testing differ,” Palguna said.

MKMK is known to have completed an examination of the complainant and reported it on Friday last week. MKMK even supplemented the captions by including evidence of surveillance camera footage or CCTV in the Court. Through these testimonies and recorded evidence, MKMK believes that it can reach the verdict before the final deadline for changing the passport of the participants in the presidential election on November 8, 2023.

The formation of MKMK was approved in a magistrates' deliberative meeting (RPH). MKMK is composed of MK judge Wahiduddin Adams, first chairman of MK Prof. Jimly Asshiddiqie, and legal expert Prof. Bintan Saragih. The reporting row against the Court is the result of the Court ruling on seven material test cases of Article 169 letter q of the Election Law regarding the minimum age limit for candidates and vice presidents on Monday (16/10/2023).

Six lawsuits were rejected. However, the Court granted a portion of one lawsuit filed by a student named Almas Tsaqibbirru Re A. The case went to the Court under number 90/PUU-XXI/2023. The ruling in favor of Gibran's nomination was upheld despite the rain of four different opinions or dissenting opinions of the Court judges and two different reasons from the Court's judges.

Vice President of the Indonesian Forward Coalition (KIM) Gibran Rakabuming refused to comment at length on the code of conduct hearing that is now rolling in MKMK. He simply asked the public to wait for the MKMK's decision. “Just waiting, yeah. Thank you,” Gibran said on Sunday (5/11/2023).

The Democratic Election Control Civil Society Coalition viewed the Court's ruling as a golden ticket for Gibran to become vice president. The verdict, according to the coalition, signals the tip of the iceberg of Indonesia's democratic backsliding. Coalition member Julius Ibrani said the Court's ruling did not lower the minimum age limit for presidential candidates, which is 40 years. However, the Court's ruling listed special conditions being “rewarded” for county chiefs with an attribution of age under 40.

“Only Gibran can actually take advantage of the golden ticket. That is, politically, the verdict is aimed at the political interests of the President's own son (Jokowi), Gibran Rakabuming Raka, to qualify as vice president,” Julius said.

Another coalition member, Gufron Mabruri, said the Court's ruling would damage the 2024 election process. For this reason, power has used its power from the beginning to intervene in the law in order to perpetuate its political dynasty. “It is difficult to achieve a democratic electoral process and a democratic outcome after the decision of the Court. That is because early on, the authorities have shown and shown the hands of power working to intervene in the Court,” Gufron said.

Noted, the Civil Society Coalition for Democratic Election Control consists of PBHI Nasional, Imparsial, Walhi, Perludem, ELSAM, HRWG, Forum for Defacto, SETARA Institute, Migrant Care, IKOHI, Transparency International Indonesia (TII), Indonesian Corruption Watch (ICW), and KONTRAS.

The state law expert and the complainant of alleged violations of the code of conduct of MK Chairman Anwar Usman, Denny Indrayana, believes that MKMK Chairman Jimly Asshiddiqie has the integrity to break and impose appropriate sanctions on Anwar. “In terms of capacity, integrity, track record, we have expectations for Professor Jimly,” Denny said.

Denny said that Jimly, as a professor of state law, was also the first chairman of the Court of Justice was highly respected. In addition to having a track record that is recognized by many, Jimly has also written about 75 books. Moreover, Jimly recently earned an honorary professorship from Melbourne Law School. When receiving the degree, Denny said, Prof Jimly delivered a speech that Indonesia as a country of law was in decline.

Even so, Denny said, Jimly's figure was not without notes. Denny said Jimly is a supporter of Prabowo Subianto in the 2024 presidential election and his son is a candidate for the Gerindra Party. “His political preferences seem to favor Prabowo because he has his children as candidates,” Denny said.

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