Suara.com – Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie explained three sanction options related to alleged violations of the code of ethics and the behavior of constitutional judges in examining and deciding Case Number 90/PUU-XXI/2023.
The three options are sanctions in the form of a reprimand, warning and dismissal. All three, said Jimly, have been regulated in Constitutional Court Regulation (PMK) Number 1 of 2023.
“In the PMK it is clear that there are three types of sanctions. “reprimand, warning and dismissal,” said Jimly when met at Building II MK, Newsdelivers.com, Tuesday (31/10/2023) evening.
He explained that the dismissal options consisted of dishonorable dismissal, honorable dismissal, and dismissal not as a member of the constitutional justices, but as chairman.
“warning, there are things that are not described, but there can be many variations. normal warning, it can also be a strong warning, it can also be a very strong warning. “So, it is not specified in the PMK, but variations are possible,” continued Jimly.
Then regarding the warning options, consisting of written warnings and verbal warnings. He gave an example, the warning was delivered verbally at the same time as the decision was delivered so that a special written letter was no longer needed.
“But you can also give a warning with a special letter. The special letter gave a warning, but attached the verdict. So the result is there are 3 (sanctions), but there can be many variations. So reprimand, warning, dismissal. Just wait for the variations. “So, what will MKMK’s creativity look like, how good is this,” he said as reported by Antara.
However, if the constitutional judges are not proven to have committed the violations as reported, they will be rehabilitated.
“So nine (judges) were affected, all of them were reported. Yes, maybe some of the nine (judges) will be rehabilitated. ‘This is a good person,’ well, we’ll call it that,” added Jimly.
However, Jimly could not reveal what indications of sanctions would be given.
“Yes, no, not yet,” he said.
Jimly said that his party was currently investigating the public reports received. It is known that the MKMK is currently examining the complainants and nine constitutional judges.
MKMK questioned the three reported judges on Tuesday evening, namely Anwar Usman, Arief Hidayat and Enny Nurbaningsih. Then, it is scheduled to examine Saldi Isra, Manahan MP Sitompul, and Suhartoyo on Wednesday (1/11/2023).
Meanwhile, three other constitutional judges, namely Daniel Yusmic Pancastaki Foekh, M. Guntur Hamzah, and Wahiduddin Adams, will be questioned on Thursday (2/11/2023).
Apart from that, MKMK will also confront the clerk in this case. Jimly said his party found many problems in the way decisions were made and trial procedures.
“Essentially, we found a lot of problems, so from these three judges (Anwar Usman, Arief Hidayat, and Enny Nurbaningsih) alone there were a lot of problems,” added Jimly.