Indonesia’s Chief Justice Anwar Usman Ousted Over Serious Ethical Breaches Amid Controversial Presidential Election Eligibility Ruling

By Vitorio Mantalean, Fitria Chusna Farisa, Kompas.com, November 7, 2023 18:26 Local

In a move that sent shockwaves through the political landscape, Justice Anwar Usman, Chief Justice of Indonesia’s Constitutional Court, has been removed from his position as Chief Justice.

The decision was handed down following a determination of serious ethical violations in the matter of case 90/PUU-XXI/2023, which pertained to the legal age requirements for presidential and vice-presidential candidates.

The verdict was issued by the Judicial Conduct Board of the Constitutional Court during an ethics decision reading hearing held on Tuesday, November 7, 2023. “The reported justice is hereby sanctioned with removal from the position of chief justice of the Constitutional Court,” announced the Chairman of the Judicial Conduct Board, Prof. Dr. Jimly Asshiddiqie, at the Constitutional Court Building in Central Jakarta.

The judgment came as a consequence of Justice Anwar’s violation of the code of ethics and conduct expected of constitutional justices. These principles encompass impartiality, integrity, competence, equality, independence, and propriety.

The decision of the Judicial Conduct Board also entailed an order for the Deputy Chief Justice of the Constitutional Court to oversee the selection of new leadership for the Constitutional Court within a tight 24-hour time frame.

In the wake of this decision, Mr. Anwar Usman, who is the brother-in-law of serving President Joko Widodo, is now barred from running for leadership positions in the Constitutional Court until his term as a constitutional justice ends.

Specifically, “the justice the subject of the complaint is prohibited from participating in or involving himself in the examination and decision-making processes related to cases involving disputes over the results of presidential and vice-presidential elections, the election of members of the House of Representatives (DPR), the Senate (DPD), and regional legislatures (DPRD), as well as the election of governors, district heads (regents), and mayors, all of which have the potential to create conflicts of interest,” declared Prof. Dr. Jimly Asshiddiqie.

The backdrop to this ethical violation can be traced back to the controversial decision made by the Constitutional Court, under Chief Justice Anwar Usman’s leadership, in response to a legal challenge to the statutory minimum age requirement for presidential and vice-presidential candidates.

The contentious judgment in case 90/PUU-XXI/2023 involved the unprecedented step of establishing the Court’s own criteria by way of an exception, permitting elected public office holders to run for president or vice-president even if they fall short of the statutory minimum age requirement of 40 years.

This particular decision provided a pathway for Mr. Gibran Rakabuming Raka, the eldest son of Indonesia’s serving President Joko Widodo, and also Chief Justice Anwar’s nephew, to enter the race for the 2024 presidential election at the age of only 36.

This opportunity arose due to his current status as the elected mayor of the Central Java city of Solo, a position he has held for just three years.

Following the decision, Mr. Gibran’s candidacy was swiftly endorsed by the Advance Indonesia Coalition (KIM) as the running mate of Lt. Gen. (Retd.) Mr. Prabowo Subianto. Subsequently, they registered their candidacy for the presidential and vice-presidential elections with the Indonesian General Elections Commission.

Despite these developments, Chief Justice Anwar Usman refuted any allegations of being embroiled in a conflict of interest while adjudicating this case.

However, the dissenting opinion from some of the other constitutional justices who disagreed with in the final judgement, sheds light on how Chief Justice Anwar’s involvement led to a swift change in the court’s stance.

Remarkably, the applicant in the case, Mr. Almas Tsaqibbirru, a student born in 2000, openly expressed admiration for Mr. Gibran. Mr. Almas expressed the hope that Gibran could contest the 2024 presidential election, despite not meeting the statutory minimum age requirement of 40 years.

The decision from the Judicial Conduct Board arrived just before the statutory deadline for the submission of alternate presidential and vice-presidential candidates to the General Elections Commission.

The Constitutional Court has officially received a total of 21 complaints, each raising concerns about alleged violations of the Court’s code of ethics and conduct, all stemming from the decision in case 90/PUU-XXI/2023.

These complaints cover a wide range of issues, including reporting Chief Constitutional Justice Anwar Usman, calls for his resignation, complaints against all constitutional justices, and concerns about the justices who expressed dissenting opinions.

The ramifications of Chief Justice Anwar Usman’s removal as Chief Justice of the Constitutional Court are wide ranging, introducing an element of uncertainty into the political situation as the nation prepares for its next presidential election set for February 2024.

This article is based on: https://nasional.kompas.com/read/2023/11/07/18264471/anwar-usman-diberhentikan-dari-ketua-mk-karena-pelanggaran-berat.

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