Yustinus Paat, Jakarta – Constitutional Court (MK) Judge Anwar Usman is prohibited from presiding over disputes arising from the 2024 presidential and legislative elections involving the Indonesian Solidarity Party (PSI) due to a conflict of interest.
However, Anwar Usman retains the authority to adjudicate disputes related to the 2024 legislative election except those directly involving PSI.
"According to the Honorary Council of the Constitutional Court (MKMK), Mr. Anwar can continue to handle legislative election disputes provided there are no conflicts of interest. While he will abstain from presidential disputes, he remains eligible to engage in legislative disputes, excluding those concerning PSI," said Constitutional Court spokesperson Judge Enny Nurbaningsih to journalists on Monday.
The resolution of legislative election disputes is overseen by three panels of judges within the Constitutional Court, each comprising three judges. These panels are chaired by Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and Judge Arief Hidayat.
Other Constitutional Court judges may participate in these panels under the condition that Judge Arsul Sani refrains from involvement in disputes related to the PPP, and Judge Anwar Usman avoids cases linked to PSI.
This precautionary measure aims to avoid conflicts of interest; given Arsul Sani's prior affiliation with the PPP and Anwar Usman's familial ties to PSI Chairman Kaesang Pangarep, who is his nephew.
Anwar was dismissed from his position as Chief Justice in October 2023 following a contentious ruling favoring President Joko "Jokowi" Widodo's eldest son, Gibran Rakabuming Raka, to qualify as a vice-presidential candidate. Gibran is Anwar's nephew and Kaesang's brother.
The Council found Anwar guilty of a serious breach of ethical conduct as a judge, citing his familial connections to the president, which should have prompted his recusal during the court proceedings regarding an amendment to the age limit for presidential and vice-presidential candidates.
Anwar Usman is ineligible to nominate himself or be nominated for leadership roles within the Constitutional Court until his term as a constitutional judge concludes.