A total of 6 Constitutional judges were given verbal warnings because they were found to have violated ethical violations. Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie said that Constitutional judges should not influence each other.
“Constitutional judges must not allow the habit of practicing mutual influence to influence judges in determining their attitude in examining, adjudicating and deciding a case which causes the functional independence of each judge as the 9 pillars of the upholding of the constitution to become unstable and in turn opens up opportunities for weakening of independence. “structurally, the Constitutional Court’s judicial power is institutional,” said Jimly in a hearing held at the MK building, Jakarta, Tuesday (7/11/2023).
He added that Constitutional Judges must not allow the practice of violating the Code of Ethics and Behavior of Constitutional Judges without seriousness in reminding each other among the judges, including the leadership.
He said that the work culture of Constitutional judges was ‘ewuh pekwuh’, so that the principle of equality between judges was neglected, and ethical violations were common.
“Constitutional Judges must maintain an intellectual climate that is full of ideas and principles of seeking constitutional truth and justice based on a clean conscience and sincere common sense for the interests of the nation and state, reflected in the writing of legal opinions and in deliberations and substantive debate among judges to find truth and living constitutional justice as it should be,” explained Jimly.
Furthermore, Jimly also touched on the news regarding the decision of the judge’s deliberation meeting (RPH) regarding the age lawsuit of the presidential and vice presidential candidates which was leaked. He reminded the judges about the legal and moral responsibilities.
“Constitutional judges individually and collectively must have a legal and moral responsibility to ensure that confidential information discussed in the Judges’ Deliberation Meeting does not leak out,” he said.
Jimly also recommended that the Constitutional Court Honorary Council mechanism be regulated in law (UU).
“The Honorary Judge recommends that there be a revision of Constitutional Court Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court, especially by eliminating the mechanism of the Honorary Council of the Appeals Court, or if it is deemed absolutely necessary, it should be regulated in law, not regulated by the Constitutional Court itself,” he said. .
In decision number 5/MKMK/L/10/2023, six MK judges were found guilty and sentenced to verbal warnings. This decision is related to a report in which six MK judges were reported collectively.
“The honorary council has no authority to assess the decision of the Constitutional Court in casu Constitutional Court Decision Number 90/PUU-XXI/2023,” said MKMK Chairman Jimly Asshiddiqie when reading the conclusion.
“The reported judge was proven unable to protect confidential information in closed judge deliberation meetings, thus violating the principle of appropriateness,” he continued.
This decision is related to reports reported by the Indonesian Legal Aid and Human Rights Association (PBHI), the Indonesian Law Care Advocacy Team (TAPHI), Constitution Guard Advocates, Civil Youth Association and Alamsyah Hanafiah.
The following are the reported judges who were included in this decision:
- Manahan M. P. Sitompul
- Enny Nurbaningsih
- Wahiduddin Adams
- Daniel Yusmic Pancastaki Foekh
- M Guntur Hamzah.
Verdicts on other reports have yet to be read. The trial continues to read the verdict on another report.
Source: Detik News