Thu, 25 Sep 2003

Constitutional Court issues code of ethics

A'an Suryana, The Jakarta Post, Jakarta

The Constitutional Court issued on Wednesday its internal code of ethics, with a vow to maintain the integrity of its nine judges and immediately to get to work.

"The code of ethics is of the utmost importance in order to uphold the integrity and good name of the Constitutional Court," Jimly Asshiddiqie, chairman of the court, said here.

The code of ethics was drafted by the nine judges and approved after meetings on Sept. 17 and Sept. 24. It governs important matters concerning the actions of the constitutional judges and the establishment of the Honorary Council of the Constitutional Court.

The code of ethics rules, among other things, that judges must maintain a professional distance from clients to ensure objectivity and fairness. It bans judges from taking money or gifts from clients to maintain their impartiality. The constitutional judges are also banned from making public any difference of opinion among themselves before a verdict is announced. Dissenting opinions can only be made public after a verdict is handed down.

The code of ethics also rules that the Constitutional Court, which was inaugurated on Aug. 17 this year, must establish an Honorary Council consisting of three constitutional judges.

In cases that may lead to the dismissal of judges from the Court, the Honorary Council will be made up of two judges from the Constitutional Court, one former chief justice of the Supreme Court, one senior legal practitioner and a law professor.

If violations of the code of ethics occur, members of the Honorary Council have the authority to collect any information related to the alleged violations, summon the judges and recommend actions that could be taken by the Constitutional Court.

The Constitutional Court will issue a verdict either through a unanimous decision or majority vote.

If a judge is declared guilty of violations, he or she can be dismissed from the Court.

Members of the Honorary Council will be selected from and elected by the constitutional judges during a plenary meeting of the Court.

"The public will be given the opportunity to propose names for the Honorary Council, as long as they are judges who are not members of the Constitutional Court," said Jimly.

Jimly also said the Constitutional Court would work from its office at Plaza Centris on Jl. Rasuna Said in South Jakarta, until a permanent home is found for the court.