Constitutional Judges Anwar Usman and Arsul Sani were in the spotlight at the preliminary hearing on the 2024 legislative election results dispute (PHPU) which started today, Monday (29/4). The two judges have different issues related to conflicts of interest in the 2024 legislative election dispute trial.
Anwar Usman is part of the team of judges on Panel 3 with Constitutional Justice Enny Nurbaningsih and Constitutional Justice Arief Hidayat as panel chairs. His position was replaced by Guntur Hamzah, who was supposed to be on Panel 1 in the 2024 legislative election (Pileg) dispute hearing involving the Indonesian Solidarity Party (PSI).
The trial at Panel 3 was stopped due to the change in formation. Meanwhile, the trial in Panel 1 was postponed from its schedule at 08.00 WIB.
Based on the decision of the Honorary Council of the Constitutional Court (MKMK) Number 02/MKMK/L/11/2023, November 2023, Anwar Usman is prohibited from being involved in cases filed by or related to PSI, whose general chairman, Kaesang Pangarep, is Anwar Usman’s nephew. “Because it concerns parties related to PSI, there is a constitutional judge who should be on Panel 3 for this case who cannot attend. Therefore, his Honorable Prof. Guntur Hamzah has temporarily replaced the panel,” said Constitutional Justice Arief Hidayat who chaired the trial on Panel 3, in MK Building, Jakarta, Monday (29/4).
After the trial of the case involving PSI was finished, Arief postponed the trial at Panel 3. After that, Anwar Usman appeared at the trial following the trial was over and was suspended for seven minutes at around 08.48 WIB.
Anwar Usman mostly only listens to the basics of the application submitted by the applicant. Occasionally he uses an inhaler, a white tube-shaped asthma medicine. Enny Nurbaningsih occasionally asks regarding the equipment of the applicant’s evidence.
Also read: MK Holds First Hearing of 2024 Legislative Election Dispute Case
Another highlight occurred in Panel 2 chaired by Constitutional Justice Saldi Isra together with Arsul Sani and Ridwan Mansur. Before becoming a constitutional judge, Arsul Sani was Deputy General Chair of the United Development Party (PPP). He can still participate in the 2024 legislative election dispute trial involving the party with the Kaaba logo.
Before the trial began, Saldi Isra explained the reason for Arsul’s presence. If the former member of Commission III DPR RI does not participate in the panel, it will cause the quorum of judges on each panel to be insufficient.
However, Arsul will not exercise his right to decide on proceedings related to PPP either as an applicant or a related party, including during the in-depth session. “This needs to be emphasized. We, as constitutional judges, have this position of a slight error reported to the MKMK (Honorary Council of the Constitutional Court) later. So that it is clearer from the start,” said Saldi.
Arsul did not comment when hearings related to PPP were held, such as in case Number 112-01-17-15/PHPU.DPR-DPRD-XXII/2024. PPP argued that there had been an illegal transfer of votes to the Garuda Party. Based on the recapitulation of the General Election Commission (KPU), the PPP’s vote acquisition was 5,878,777 (3.87%) or below the parliamentary threshold.
The preliminary hearing to hear the main points of the application was held for four days starting today, Monday (29/4). (Z-2)
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