House Commission III Warns MKMK Regarding Reporting of Adies Kadir

Jakarta, CNN Indonesia – House of Representatives Commission III member from the NasDem faction, Rudianto Lallo, has cautioned the Constitutional Court Ethics Council (MKMK) to adhere to the principles of propriety, wisdom, and prudence in handling reports against Constitutional Court Justice Adies Kadir.

“The MKMK should carefully examine and reflect upon the mandate of Article 9 of Constitutional Court Regulation No. 11 of 2024 on the MKMK regarding the principles governing the MKMK’s own duties, one of which is the principle of propriety, wisdom, and prudence,” Rudianto said in a written statement on Saturday (14/2).

According to him, these are the principles that MKMK members must adhere to and reflect when handling public complaints—particularly wisdom in maintaining the authority and dignity of the Constitutional Court, prudence to avoid adding institutional turmoil, and the principle of propriety in respecting the presumption of constitutionality.

Rudianto said the MKMK needs to reaffirm its commitment and constitutional creed (adherence to the limitation of authority) as embodied in the legal philosophy behind the MKMK’s formation.

He said the preamble of Constitutional Court Regulation Number 11 of 2024 on the MKMK affirms the institution’s founding philosophy as a body that safeguards and upholds the honor, dignity, code of ethics, and conduct of constitutional justices—not to judge actions taken before becoming a Constitutional Court justice and/or the appointment process by the authorized institution.

“Let alone annulling appointment decisions originating from a legislative mandate or even the constitutional mandate of Article 24C paragraph (3) of the 1945 Constitution,” he said.

Furthermore, he noted that Article 2 paragraph (1) of the relevant Constitutional Court Regulation explicitly states that the Ethics Council was established to uphold the code of ethics and conduct of constitutional justices in order to maintain the integrity and irreproachable, just, and statesmanlike character of constitutional justices.

This means, he said, the MKMK’s absolute competence is as an ethical barricade for sitting judges, and it should not open the door to mechanisms, processes, or retroactive actions before someone becomes a judge.

“If the MKMK does not limit itself based on the principles of restraint of authority and restraint of institution, then such actions could potentially lead the MKMK into defiance of the constitution itself,” he said.

Previously, the legal community organized under the Constitutional and Administrative Law Society (CALS) asked the MKMK to remove Adies Kadir as a constitutional justice. A total of 21 constitutional law experts within CALS reported Adies to the MKMK for alleged ethical violations.

“We also stated in our petitum for the MKMK to consider imposing a severe sanction by dismissing him as a Constitutional Court Justice,” CALS representative Yance Arizona said at the Constitutional Court building in Jakarta on Friday (6/2).

The MKMK has recently examined reports filed by a number of professors, academics, and constitutional law practitioners regarding the legitimacy of Adies Kadir’s appointment.

“We just finished the hearing to examine the case or the report,” MKMK Chairman I Dewa Gede Palguna said, as quoted from Antara.

Palguna explained the MKMK had heard testimony from the complainants. The three-member Ethics Council will subsequently convene to discuss the results of the complainants’ testimony.

“Additionally, we have also given the complainants a deadline to make improvements to their report. The improvements are technical in nature and must be received by us no later than February 18,” explained Palguna, who is also a former constitutional justice.