Jakarta (ANTARA) - The Constitutional and Administrative Law Society\n(CALS) has stated that there is no obstacle for the Constitutional\nCourt\u2019s Ethics Council (MKMK) to investigate alleged ethical violations,\nincluding those concerning the appointment of constitutional court\njustices.<\/p>\n
The statement was made by CALS representative Yance Arizona when\ncontacted by ANTARA from Jakarta on Wednesday, in response to remarks by\nHouse of Representatives Commission III during a hearing with the MKMK\ndiscussing a complaint related to Constitutional Court Justice Adies\nKadir.<\/p>\n
\u201cThere is no obstacle for the MKMK to investigate alleged ethical\nviolations that undermine the dignity and honour of the Constitutional\nCourt, including various ethical violations in the process of appointing\nconstitutional court justices,\u201d Yance said.<\/p>\n
During the hearing, members of House Commission III essentially\nquestioned the MKMK\u2019s authority to examine the legitimacy of Adies\nKadir\u2019s nomination as a constitutional court justice proposed by the\nHouse.<\/p>\n
Regarding this matter, Yance said, \u201cWe believe that what Commission\nIII of the House has done constitutes an attempt at intervention to\nundermine the MKMK\u2019s independence in handling the complaint against\nAdies Kadir.\u201d<\/p>\n
At the start of the hearing, Commission III Chairman Habiburokhman\nstated that the process of nominating Adies Kadir as a House-proposed\nconstitutional court justice was not within the MKMK\u2019s purview to\nexamine.<\/p>\n
\u201cBased on Article 27A of Law Number 7 of 2020 on the Constitutional\nCourt, the MKMK\u2019s duty is to uphold the code of ethics and code of\nconduct for constitutional court justices. The process of selecting and\nnominating Adies Kadir as a candidate for constitutional court justice\nproposed by the House is certainly not an object of the MKMK\u2019s duties,\u201d\nhe said.<\/p>\n
He stated that the House\u2019s authority to select constitutional court\njustices is not an anomaly but rather an integral part of the principle\nof checks and balances. This is because the 1945 Constitution stipulates\nthat constitutional court justices are nominated by three branches of\npower, namely the House of Representatives, the President, and the\nSupreme Court.<\/p>\n
\u201cIn the process, the exercise of the House\u2019s constitutional authority\nin selecting Adies Kadir as a candidate for constitutional court justice\nproposed by the House was carried out in compliance with all applicable\nlaws and regulations,\u201d he added.<\/p>\n
A total of 21 law professors, lecturers, and legal practitioners\naffiliated with CALS have reported Constitutional Court Justice Adies\nKadir to the MKMK.<\/p>\n
Adies Kadir was reported because his nomination as a constitutional\ncourt justice allegedly violated the code of ethics and code of conduct\nfor Constitutional Court justices as well as prevailing legislation. The\ncomplaint was described as an effort to uphold the dignity and honour of\nthe Court.<\/p>\n
Following the submission of the complaint at the Constitutional Court\nbuilding in Jakarta on Friday (6 February), Yance said that his group\nunderstood the MKMK had traditionally examined complaints only once a\nperson had already become a Constitutional Court justice.<\/p>\n
Nevertheless, in this particular complaint, the complainants have\nrequested the MKMK to expand its jurisdiction to also correct unethical\nirregularities in the judicial selection process.<\/p>\n
\u201cWe reported Adies Kadir because his selection not only contravened\nthe law, but we also observed many improper occurrences during the\nprocess that constituted violations of several ethical norms,\u201d Yance\nsaid.<\/p>\n
In its complaint, CALS argued that Adies Kadir\u2019s nomination as a\nconstitutional court justice to replace Arief Hidayat was improper\nbecause it was conducted after Commission III had already selected\nanother candidate, namely Inosentius Samsul.<\/p>\n
Furthermore, CALS also considered that Adies Kadir, given his\nbackground as a politician, posed a significant potential conflict of\ninterest when adjudicating cases, whether in judicial review of\nlegislation or election dispute matters.<\/p>\n
CALS has therefore requested through its complaint that the MKMK\ndismiss Adies Kadir from his position as a constitutional court\njustice.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/cals-no-obstacle-for-constitutional-court-ethics-council-to-investigate-alleged-ethical-violations-1771474821", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }