MKMK Affirms It Has No Authority to Interfere in the Recruitment of Constitutional Court Judges

JAKARTA, KOMPAS.com - The Majelis Kehormatan Mahkamah Konstitusi (MKMK) has stressed that neither the MKMK nor the Constitutional Court (MK) have the authority to intervene in the recruitment process for Constitutional Court judges. This was stated by MKMK member Yuliandri as he read the legal considerations in relation to case number 03/MKMK/L/02/2026 concerning alleged ethical violations by judge Adies Kadir. ‘Not only the Honorary Council, but the Constitutional Court itself does not have the authority to interfere in the procedural stage of the recruitment of those judges,’ Yuliandri said in a hearing at the MK building, Jakarta, Thursday, 5 March 2026. The alleged violations are linked to the institutional authority of the Majelis Kehormatan to maintain the honour and dignity of the Court. Yuliandri explained that the procedural stages for selecting and appointing someone as a Constitutional Judge are governed by law, in which the MK is not involved institutionally. Under the law, any state body authorised to nominate a Constitutional Judge is given latitude to determine the method of selection, appointment, and submission. ‘This limitation is important in order to respect the existence and authority of each state institution as well as to preserve the independence of those institutions,’ Yuliandri said. Therefore, the Majelis Kehormatan is not only without authority but ethically it should not interfere or intervene. Moreover, MKMK explained its authority to adjudicate reports concerning Constitutional Judges only applies to individuals who are currently serving as Constitutional Judges. ‘A person who has not yet served as a Constitutional Judge or who has completed their term is no longer bound by Sapta Karsa Hutama; to be not bound here means not being within the monitoring or enforcement authority of the Majelis Kehormatan as set out in Sapta Karsa Hutama,’ said Yuliandri. Meanwhile, in the case reported, Adies has not yet officially taken office as a Constitutional Judge.