The Relevance of Violations of the Code of Ethics and the Independence of Constitutional Judges in Indonesia (Study Decision Number: 2/MKMK/L/11/2023)

Abstract

The issue of violations of the code of ethics committed by the nine constitutional judges and serious violations committed by the chairman of the constitutional court, has tarnished the image of law enforcement in Indonesia. This problem has an impact on the independence of constitutional judges in Indonesia which influences their decisions. This research aims to analyze and examine the relevance of violations of the code of ethics and dependencies constitutional judges in Indonesia who have been decided by the Honorary Court of the Constitutional Court (MKMK) in decision Number: 2 /MKMK/L/11/2023, dated 7 November 2023. In particular, this research will answer the problem of how violations of the code of ethics are committed by judges. constitution in Indonesia? and what is the relevance of violations of the code of ethics and dependencies constitutional judge in Indonesia? The research method used is a normative juridical research method. The research results concluded that violations of the code of ethics committed by Anwar Usman included not resigning from the process of examining and making Decision Number 90/PUU-XXI/2023, Anwar Usman as chairman of the Constitutional Court was proven not to have carried out his leadership function optimally. Furthermore, the violation of the code of ethics of all Constitutional Judges shows their inability to maintain confidentiality in closed Judge Deliberation Meetings. Violations of the code of ethics by constitutional judges and the chief justice of the Constitutional Court show that the independence of constitutional judges in Indonesia is currently weak, especially regarding interventions based on the interests of families or certain groups.