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MK Ethics Council’s Ruling Affects Gibran’s Candidacy Legitimacy, Expert Says

A constitutional law expert Denny Indrayana claimed that Gibran Rakabuming Raka’s vice presidential candidacy is a result of an unethical decision by the Constitutional Court (MK). Denny said this after the MK Ethics Council ruled that MK Chief Judge Anwar Usman violated the code of ethics in his decision on the presidential and vice presidential age limit.

“It’s only appropriate that MK annul the decision,” he said in a written statement on Wednesday, November 8. The legitimacy of that ruling, Denny said, becomes questionable after Anwar Usman is found guilty of violating the ethics code.

According to Denny, if there is no re-examination by a different set of judges, the MK ruling will have a long consequence, a recipe for various disputes. This decision, he said, will affect the legitimacy of Prabowo-Gibran during the election. 

“The legitimacy of Gibran’s candidacy will continue to be questioned, opening the gate for an impeachment if he’s elected,” Denny said.

Thus, the council should have stated in its decision that MK ought to re-examine the case on presidential and vice presidential age limit with a different set of judges in record time.

Earlier, the MK Ethics Council claimed that it did not have jurisdiction to revise MK’s ruling as it’s authorized only to handle alleged code of ethics violations. “MK Ethics Council is not authorized to give a legal opinion on MK’s decision, let alone debating the legitimacy of its decision,” Wahiduddin Adams said while reading the council’s decision on Tuesday, November 7. This, he said, falls far beyond the MK Ethics Council’s jurisdiction.

Several applicants to this case did ask the council to annul or at least re-examine the MK’s previous ruling due to Anwar Usman’s supposed conflict of interest. Anwar Usman is Gibran Rakabuming Raka’s uncle, as well as President Jokowi’s in-law. He was also the Chief Judge of the disputed case, which paved the way for Gibran to run for vice president alongside Prabowo Subianto.

Source : Tempo.co