Independence of Constitutional Court Judges

Hopefully the Constitutional Court judges will also be able to realize independent judicial power in accordance with the values ​​of Pancasila and the 1945 Constitution.

Lately, all eyes have been focused on the Constitutional Court or MK. Understandably, currently this state institution is the first and last support for the Indonesian people in determining their attitude regarding the 2024 presidential election which is full of dynamics.

During the trial process, various data, information, testimony, or arguments, whether submitted by the parties, witnesses, or experts, can be accessed by everyone. In fact, everyone can clearly know the practitioners and academics who have given their support to the Constitutional Court judges as friends of the court (amicus curiae).

If there are no obstacles, the Constitutional Court judge will deliver the verdict on April 22, 2024. The Constitutional Court judge must immediately formulate the verdict based on the evidence and facts revealed in the trial. The drafting of the verdict must be free from any influence and pressure from any party, including branches of state power outside the judicial branch, such as the executive and legislative branches.

We are optimistic that the Constitutional Court judges during the trial process have really seen, listened and understood the existing dynamics.

The independence of Constitutional Court judges must be maintained, both as individuals and as an institution. Independence in making decisions, independence from all forms of intervention, independence from the influence of other institutions' power, and independence in managing budgets.

The independence of judges in the Constitutional Court is an absolute requirement for the implementation of judicial power and the establishment of a democratic rule of law in Indonesia. The rule of law, whose constitutional legitimacy comes from the Indonesian people, is essential.

The rule of law, which leads the Indonesian people towards the ideals of the Republic of Indonesia's independence as stated in the preamble of the 1945 Constitution. This is the spirit of Indonesia's constitutionalism.

The independence of Constitutional Court judges has had a major influence on the formation of legal culture in Indonesia. A culture of respecting and upholding the law as a value in the administration of national and state life. Including a culture of appreciating all forms of meaningful community participation (meaningful participation).

KOMPAS/RONY ARIYANTO NUGROHO

It appears that the constitutional judges who attended the presidential election dispute hearing in the Constitutional Court (MK), Jakarta, with the applicant pair of presidential and vice-presidential candidates, Ganjar Pranowo-Mahfud MD, on Wednesday (27/3/2024).

MK judges must adhere to the code of ethics and guidelines for judges as well as existing laws and regulations. These rules (ethics and law) are a guide for MK judges to remain independent in determining the content of their decisions.

Based on Regulation MK No 09/PMK/2006, the code of ethics and conduct guidelines for judges of the Constitutional Court include seven principles (Sapta Karsa Hutama), namely (1) independence; (2) impartiality; (3) integrity; (4) propriety and courtesy; (5) equality; (6) competence and fairness; and (7) wisdom and prudence. These seven principles refer to The Bangalore Principle of Judicial Conduct 2002 and the MPR Decree No. VI/MPR/2001 on National Life Ethics.

Responsible freedom

The independence of the Constitutional Court judges is a responsible freedom. That means it must be accountable to God Almighty and the people of Indonesia. That is why the judges of the Constitutional Court are referred to as "representatives of God" on Earth. Every decision must be preceded by the words "For Justice Based on the One and Only Godhead". Without this, the decision of the Constitutional Court judges is null and void.

As representatives of God, Constitutional Court judges must practice attitudes, views, actions and behavior that reflect divine values.

Despite having an honorable position and holding the position as God's representative on earth, constitutional court judges are still ordinary humans who are not exempt from mistakes and flaws. Some constitutional court judges have been proven to violate ethics and laws that serve as their behavioral guidelines. As a result, public trust in this constitutional watchdog institution has decreased and its authority as a judiciary institution has also been torn apart.

So the decision of the Constitutional Court judges that is currently eagerly awaited by many people is not simply a verdict stating who wins or loses, but a decision that is capable of declaring what is right and what is wrong.

In the midst of strong pessimism, the community still has great hope in the Constitutional Court judges. Hopefully, there is still collective awareness and behavioral changes from the judges to improve public trust and their image. Hopefully, the Constitutional Court judges are also able to realize independent judicial power in accordance with the values of Pancasila and the 1945 Constitution.

Now everyone is waiting for that awareness and change in behavior. Are the Constitutional Court judges able to translate into the decisions they make?

Decisions that reflect the values ​​of justice. Decisions that provide legal certainty. A decision that provides legal benefits for all parties, especially the applicants. Decisions that logically contain the characteristics of good and correct legal reasoning.

So the decision of the Constitutional Court judges, which many people are currently waiting for, is not a decision that simply contains a statement of victory or defeat, but a decision that is able to state that this is the right thing and this is the wrong thing. The decision has a direct impact on improving the implementation of democracy and the quality of law in Indonesia. The decision will be recorded in the history of Indonesian constitutional affairs and will also be well recorded in the memory of the Indonesian people.

Also read: Elections amidst ethical challenges, oligarchy and political dynasties

We are optimistic that the Constitutional Court judges during the trial process have truly seen, heard, and understood the existing dynamics. We also still believe that they will use their noble conscience in formulating every consideration and conclusion of the decision in accordance with the values of truth, both formally and materially.

Whatever the verdict may be, may it increase public confidence and improve the credibility of the MK judges. We hope that after the verdict is read, democracy consolidation in Indonesia can be realized soon.

Ahmad Syaikhu, President of the Prosperous Justice Party