NasDem: MKMK Safeguards Constitutional Court Judges' Ethics, Not to Judge Someone Before Taking Office

Jakarta - Commission III member of the House of Representatives from the NasDem faction, Rudianto Lallo, discussed the limits of the Constitutional Court Ethics Council’s (MKMK) authority in upholding the code of ethics for Constitutional Court judges. Rudianto said the MKMK serves as the guardian of ethics for sitting judges, not for judging someone before they become a Constitutional Court justice.

“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 Court Justices in order to maintain the integrity and irreproachable character of constitutional justices who are just and statesmanlike,” Rudianto told reporters on Sunday (15/2/2026).

Therefore, he continued, the MKMK’s absolute competence is as an ethical barricade for sitting judges, rather than opening the door to processes or actions that are retroactive in nature before someone becomes a Constitutional Court justice.

The Deputy Chairman of the NasDem Party Court also cautioned that if the MKMK does not limit itself based on the principles of restraint of authority and restraint of institution, such actions could potentially constitute defiance of the constitution itself.

“The MKMK should be the foremost example in reflecting respect, compliance, and constitutional order under the 1945 Constitution of the Republic of Indonesia and the Spirit of the Constitution as the primary guardian of the Code of Ethics and Code of Conduct for Constitutional Court Justices,” he said.

Furthermore, Rudianto emphasized that the MKMK should reexamine the mandate of Article 9 of Constitutional Court Regulation Number 11 of 2024 on the MKMK, particularly regarding the principles governing the institution’s duties.

“These are the principles that MKMK members must adhere to and reflect when handling public complaints,” he said.

He affirmed that the MKMK was established as an institution to safeguard and uphold the honor, dignity, code of ethics, and conduct of Constitutional Court Justices (Sapta Karsa Hutama), not to judge actions taken before someone became a constitutional justice or to annul appointment decisions originating from legislative mandates or the constitutional mandate of Article 24C paragraph (3) of the 1945 Constitution.

Previously, the MKMK ensured that Constitutional Court Justice Adies Kadir would not participate in hearings where there is a potential conflict of interest in cases being handled by the Constitutional Court. MKMK Chairman I Dewa Gede Palguna explained that the mechanism for preventing conflicts of interest at the Constitutional Court already has precedent and has been implemented consistently.

Similarly, Constitutional Court Chief Justice Suhartoyo expressed confidence that Adies Kadir would position himself fully as a Constitutional Court justice since he has already left the Golkar Party. He cited the principle that Constitutional Court justices must be independent and unaffiliated.

“But since he has previously declared his resignation from being a party participant, he should already know how to position himself as a Constitutional Court justice and a judge in general,” Suhartoyo told reporters at the Presidential Palace complex in Jakarta on Thursday (5/2).

“They must be independent, self-reliant, no longer affiliated anywhere—committed to the constitution, law, and justice,” he continued.