Indonesian Chief Justice Removed Over Ethics Violations Amid Electoral Law Controversy

The Indonesian Constitutional Court Ethics Council has removed Chief Justice Anwar Usman from his role due to ethical violations linked to his involvement in a decision that changed electoral laws, which in turn allowed President Joko Widodo’s son to contest for the vice-presidency slot in the forthcoming elections. Despite this decision, Usman will continue to serve on the court as a justice.

Usman was part of the 5-4 Constitutional Court decision executed in October that altered the age requirement for presidential and vice-presidential candidates. The ruling now allows candidates less than 40 years of age to run, provided they have government experience as an elected official. This opened the way for Gibran Rakabuming Raka, President Jokowi’s 36-year-old son and Justice Usman’s nephew by a recent marriage, to participate in the race.

Gibran’s choice by defense minister Probowo Subianto for the vice-presidential run, just a week subsequent to the controversial ruling, led to widespread public backlash. Citizens expressed concern over a perceived attempt by the current president to establish a political dynasty, especially with his term limit approaching. The president, however, refuted any allegations of meddling in the judiciary.

Reacting to the public outcry and allegations of conflict of interest, the court established an ethics council consisting of academics, community representatives, and constitutional justices. The three-member council identified Usman’s violation of the Sapta Karsa Hutama principles of impartiality and integrity. The council criticized the entire court for “jointly allowing the practice of violating the code of ethics” and ignorance of conflicts of interest for the sake of maintaining harmony.

According to council member Bintan R. Saragih, Usman should have been dismissed entirely from the position of constitutional judge due to his severe ethical violation. The ruling in October regarding the presidential age requirement remains in force. However, Justice Usman is now prohibited from participating in other election dispute cases which could potentially incur additional conflicts of interest. He is also barred from contesting the chief justice position or even being nominated for it until his tenure concludes in 2028.

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