New Constitutional Court Chief Justice Deemed Unconstitutional by Civil Coalition
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23 November 2022 13:54 WIB
TEMPO.CO, Jakarta - The ‘Saving Judicial Independence Civil Coalition’ on Wednesday criticized the inauguration of Constitutional Court secretary-general Guntur Hamzah as the new constitutional court chief justice. Hamzah replaces Aswanto who had been dismissed from his position by House legislators.
The civil society group believes President Joko Widodo’s move to continue with the inauguration shows the President’s lack of courage to face House of Representatives (DPR) politicians.
"The president doesn’t dare to confront politicians from the DPR and again shows his broken promises to the public regarding the polemic of Aswanto's dismissal," the coalition said in a written statement on Wednesday, November 23.
At the end of September, a House plenary session agreed on the proposal filed by members of House Commission III upon dismissing Constitutional chief justice Aswanto. At the same time, the legislature haphazardly, which many consider unlawful, appointed the Secretary General of the Constitutional Court, Guntur Hamzah, as Aswanto's replacement.
Unfortunately, the coalition highlighted House’s intentions to intervene in the Constitutional Court were justified by President Jokowi who followed suit by inaugurating Guntur at the State Palace on Wednesday, November 23.
Aswanto's dismissal is considered unconstitutional over the lack of any single provision in the 1945 Constitution and laws and regulations that give House legislators the authority to dismiss Constitutional Chief Justices.
"Based on that fact, it becomes increasingly clear that the DPR and the President are deliberately setting aside regulations to smooth out evil intentions to intervene in the Constitutional Court (MK)," said the coalition.
The coalition insists that the Constitutional Court institutionally also did not take a firm stance and seemed to allow this recklessness to happen. Secretary General of the Constitutional Court Guntur Hamza at the time, did not appear to have rejected the DPR's proposal.
NESA AQILA
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