Writer : Fadel Prayoga | Editor : Paradise Faith
JAKARTA, COMPASS TV – Former Chief Justice of the Constitutional Court (MK) Jimly Asshiddiqie criticized the DPR’s decision to suddenly remove Aswanto from the position of deputy chairman of the Constitutional Court and replace him with Secretary General of the Constitutional Court Guntur Hamzah.
He asked President Joko Widodo (Jokowi) to reject the results of the DPR plenary meeting.
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“The president must be firm. Do not follow up because the mechanism is not correct. If this step is justified, the DPR has the right to fire a constitutional judge whenever it wants, later the Supreme Court (MA) will also fire a constitutional judge. The president will also do the same. This can not be allowed, “said Jimly as quoted from Kompas.id, Friday (30/9/2022).
According to him, the DPR’s dismissal of Aswanto violated the law because he was only entering his retirement period in 2029.
“It is the same as the DPR dismissing the judges of the Constitutional Court and choosing their successors outside the legal procedure considering that Aswanto’s position as a new judge will end in 2029. The DPR does not have the authority to dismiss them. Should not.”
“Secondly, the DPR is not authorized to choose new judges because there is no vacancy. This is an arbitrary act. If left unchecked, this could destroy the judiciary. independence of judiciary destroyed,” he said.
In addition, he also asked the DPR to clarify the steps to fire the constitutional judges and elect a new one without any basis.
Therefore, it can be seen as a step to undermine the Constitutional Court in the midst of the judicial conditions that are currently in the spotlight.
“The world of law is getting shattered. If the law does not function properly, democracy will not work, with quality and integrity,” he said.
As is known, the decision to replace Aswanto was conveyed at the 7th Plenary Meeting of the DPR during the first session of the 2022-2023 trial year, Thursday (29/9/2022).
“We will not extend the term of office of the constitutional judge who was proposed by the DPR on behalf of Aswanto and appointed Guntur Hamzah as a constitutional judge from the DPR,” said Deputy Speaker of the DPR, Sufmi Dasco Ahmad.
Commission III, said Sufmi Dasco, had held an internal meeting on Thursday morning to ask for the willingness of Guntur Hamzah, Secretary General of the Constitutional Court, to become a constitutional judge from the DPR.
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“The decision of the internal meeting of Commission III of the DPR accepts Guntur’s willingness as a constitutional judge from the DPR,” said Sufmi Dasco.