New Criminal Code; Expert Questions Constitutional Court's Independence

TEMPO.CO, Jakarta - Criminal law expert from Brawijaya University, Fachrizal Afandi, assessed that presently, the independence of the Constitutional Court (MK) is not expected. He responded to Law and Human Rights Minister Yasonna Laoly’s statement that suggests people who are dissatisfied with the ratification of the revised criminal code challenge it to the high court.

“Court judges should indeed be independent. Normatively, the guarantees for their independence are clearly stipulated in the constitution and Constitutional Court laws. The only question is whether their independence is as expected or not,” said Fachrizal to Tempo, on Wednesday, December 7, 2022.

Fachrizal connected this matter to the replacement of judge Aswanto which was carried out without any procedures in line with statutory regulations. Thus, the independence of judges is being questioned.

“For example, if there is a judge who disagrees with or cancels the criminal code, is it impossible for him to be replaced like what happened previously? This means that today, the independence of judges is not as expected,” he remarked. 

Additionally, he went on, Chief Justice of the Constitutional Court Anwar Usman has a huge influence in making a decision if a judicial review is conducted. Moreover, Anwar is now President Jokowi's brother-in-law. “I think this can influence the Constitutional Court's ruling,” Fachrizal argued.

The revised criminal code was ratified by the House of Representatives (DPR) in a plenary meeting on Tuesday, December 6, 2022. Minister Yasonna stated that people who objected to the new law can file a petition of judicial review to the Constitutional Court. 

“Differences of opinion are fine. If, in the end, it is passed, [and people reject it], please sue it at the Constitutional Court. It is a more elegant way,” said Yasonna Laoly.

NESA AQILA

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