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Anwar Usman Opens Up About Having to Resign from the Chair of the Constitutional Court

Jakarta, CNN Indonesia

Chief Justice of the Constitutional Court (MK) Anwar Usman | open voice regarding the decision on judicial review of Law Number 7 of 2020 concerning the Constitutional Court which requires him to resign from the chairperson MK at the moment.

He stated that he did not need to resign from the position of chairman of the Constitutional Court. According to him, Article 87 letter a of the Constitutional Court Law is constitutional.

“Article 87 letter a of Law No. 7/2020 concerns the term of office of the chairman and deputy chairman of the Constitutional Court, because the position in question is part of the right to vote and be elected from the Constitutional Justices,” said Anwar Usman reading a different opinion (dissenting opinion) in the trial which was followed via the Constitutional Court’s Youtube channel, Monday (20/6).

“So it is appropriate and reasonable if the issue is returned to the rights holders, namely the constitutional judges,” he added.

Anwar said that although the legislators wanted to keep the leadership transition process in the Constitutional Court running well and smoothly, this desire must still be returned to the right holders.

“Meanwhile, the term of office of the chairman and deputy of the Constitutional Court is for five years and can be re-elected for one term,” he said

This is regulated in Article 4 paragraph (3) and Article 4 paragraph (3) a of Law 7/2020. The regulation regulates the process of selecting the chairman and deputy chairman of the Constitutional Court by nine constitutional judges who have met the requirements.

Based on this, he assessed that the leadership transition process in the Constitutional Court could run well and smoothly.

“Without reducing the right to vote and be elected, nine constitutional judges have fulfilled the requirements as described in the transitional provisions of Article 87 letter b of Law 7/2020,” he said.

Previously, the Constitutional Court ruled that Article 87 letter a of the Constitutional Court Law was contrary to the 1945 Constitution. This decision forced Anwar Usman and Aswanto to resign from the positions of Chief Justice of the Constitutional Court and Deputy Chair of the Constitutional Court.

“Declaring Article 87 letter a of Law Number 7 of 2020 is contrary to the 1945 Constitution and has no binding legal force,” said Anwar Usman.

Article 87 letter a of Law 7/2020 reads: A constitutional judge who currently serves as the Chair or Deputy Chairperson of the Constitutional Court shall continue to serve as the Chair or Deputy Chairperson of the Constitutional Court until his term of office ends based on the provisions of this law;

Law 7/2020 stipulates the position of a constitutional judge without a period of 15 years and lasts until the age of 70. Based on the provisions, Anwar Usman’s term as a constitutional judge ends on April 6, 2026, and Aswanto until March 21, 2029.

Constitutional Court Judge Enny Nurbaningsih stated that both of them remained valid as constitutional judges until the election of a new chairman and deputy chairman of the Constitutional Court. This is so as not to cause problems or administrative impacts on the a quo decision.

“Therefore, within a maximum period of 9 months after this decision is pronounced, an election for the Chairman and Deputy Chairperson of the Constitutional Court must be held,” read Enny.

This application for judicial review was submitted by Priyanto, a resident of Muara Karang, Pluit who is registered with number 96/PUU-XVIII/2020.

According to the petitioner, the provisions in Article 87 letters a and b of Law 7/2020 are inconsistent or inconsistent with Article 4 paragraph 3 of Law 7/2020, and are contrary to the 1945 Constitution.

(lna / fra)

[Gambas:Video CNN]


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