Indonesian Political, Business & Finance News

Why the MKMK Chairman Refused to Disclose the Adies Kadir Ethics Report to Parliament

| Source: TEMPO_ID | Legal
The chairman of the Constitutional Court's Ethics Council (Mahkamah Kehormatan Mahkamah Konstitusi, MKMK), I Gede Palguna, rejected requests from several members of the House of Representatives' Commission III who sought updates on the reported ethics violation complaint against DPR-nominated Constitutional Court justice Adies Kadir. According to Palguna, disclosing any information regarding a case under review would constitute a breach of his oath of office.

"As far as the substance of cases we are handling is concerned, we cannot disclose them here. It is impossible, because it would violate our oath," Palguna said during a joint meeting with Commission III at the Senayan Complex, Jakarta, on Wednesday, 19 February 2026.

Palguna explained that the MKMK upholds strict confidentiality in handling ethics cases reported to the body. He noted that even internal MKMK staff are not privy to the content of deliberations when the panel reaches decisions on ethics cases.

Palguna firmly rejected the politicians' requests to learn the substance of the complaint against Kadir, a former Golkar politician. He emphasised that his stance reflected the MKMK's independence and said he would not hesitate to relinquish his position if compelled to make disclosures before members of parliament.

"There is no way we would disclose that. That is our independence. If that is what is being demanded, I would rather ask to be dismissed from the Ethics Council. Seriously. Because that is the crown jewel of the Ethics Council," Palguna said.

He explained that this working method has ensured the dignity and independence of reported Constitutional Court justices are preserved. The confidentiality is also regarded as a form of respect by the MKMK for the privacy of justices alleged to have committed ethics violations.

Palguna further stated that the MKMK would examine every registered complaint in accordance with Constitutional Court regulations. He assured that no complaint could be discontinued without first undergoing a preliminary examination.

On Wednesday, Commission III — which oversees legal affairs — specifically summoned the MKMK to discuss the body's position on the ethics violation complaint filed by a civil society coalition against Adies Kadir. On the same day, the Parliamentary Ethics Council also held a press conference to affirm that Kadir's appointment as a DPR-nominated Constitutional Court justice had met all requirements.

Kadir replaced Constitutional Court justice Arief Hidayat, who completed his tenure on 3 February 2026. The nomination process for Kadir drew criticism because the DPR suddenly put forward his name in late January, despite having previously confirmed Inosentius Samsul as its Constitutional Court candidate in mid-2025.

Kadir's appointment proceeded smoothly, and he was sworn in before President Prabowo Subianto at a ceremony at the State Palace, Jakarta, on 5 February 2026. The day after his inauguration, 21 legal practitioners and academics affiliated with the Constitutional and Administrative Law Society (CALS) reported Kadir to the MKMK over alleged ethics violations.

The organisation's founder, Bivitri Susanti, said the former parliamentarian allegedly disregarded the irregular nature of his appointment process as a parliamentary nominee. Kadir's selection was not preceded by the formal revocation of Inosentius Samsul, the DPR's previously confirmed candidate whose nomination had already been ratified in a plenary session.

The nomination and vetting process for Kadir also proceeded at remarkable speed. "How could Kadir not have refused a nomination that was procedurally flawed?" said Bivitri, as quoted in Tempo's weekly report.

The lecturer at the Indonesian School of Law (Sekolah Tinggi Hukum Indonesia Jentera) also questioned Kadir's track record during his time at Senayan. Kadir, who previously served as Deputy Chairman of Commission III, was said to have been instrumental in driving revisions to the Constitutional Court Law between 2023 and 2025.
View JSON | Print