Bamisoet: The MK fortress of the Constitution, if democracy is Skyrobe

Jakarta – Member of the House of Representatives Commission III, as well as a permanent lecturer at the Borobudur University Legal Doctoral Program, Bambang Soesatyo (Bamsoet) assessed the need for comprehensive improvement in the Constitutional Court (MK) to a series of controversies that faced the credibility of the Constitutional Court. The series of controversies begins from the dismissal of aswanto judges by the DPR in 2022 to the decision of the Constitutional Court Number 135/Puu-XXII/2024 that born new norms by separating the central election and regional election. It is considered to trust the public in the Constitutional Court. “The Constitutional Court is the last stronghold of the constitutional guard. If this fort is cracked, all our democratic buildings are shaky. Therefore, improvement can no longer be postponed,” Bamoet said in his statement on Saturday (9/13/25). Browse to continue with the content. It was unveiled by him when he was an internal examiner in the open session of the postgraduate program of Borobudur University of Borobudur Achmad Taufan Sudirdjo, entitled ‘Reponstruction of the Constitutional Court Reponstruction of the Constitutional Panels through representative institutions’ at the University of Borobudur, Jakarta, today. Among other things, as examiners, the chairman of the session, prof. Bambang Bernanthos, promoter, prof. Zainal Arifin Hussein, co-promoter, dr. Ahmad Redi, internal investigator, prof. Faisal Santiago, and external investigator, dr. Ibn Sina Chandranegara. He explained that the dismissal of Judge Aswanto became a bad precedent because the performance was considered unknown. Thus, a new system is needed in the recruitment mechanism, so that it can truly be a judge who is perpendicular to the Constitution and willing to sign the integrity treaty to maintain the spirit of the Constitutional Court to remain consistent as a negative legislature. Both of the DPR (legislative) room, the Supreme Court (judiciary), and the president/government (executive). “We can no longer allow the selection process without national commitment than the last stronghold of the constitutional guard,” Bamoet said. He explained that the MK legitimacy crisis deepened after the last legal event with the issuance of the Constitutional Court’s decision number 135/Puu-XXII/2024 which separated between the central election and regional election. The Constitutional Court not only set the time to keep the election separate, but also determined a maximum deadline for two years and six months after the inauguration of the president and parliament to hold the DPRD Pilkada and Pileg. The ruling caused a sharp debate because the Constitutional Court was considered a negative legislature further from the authority. The Constitutional Court is considered a new norm where the function should only be owned by the DPR and the government. “It is a new norm that has no previous legislation and has never been discussed and approved by the legislative institution. The decision that fills the legal vacuum with new norms will lead to political prejudice. At the same time, the separation of power regulated in the 1945 Constitution,” Bamsoet said. Bam Seet explained that a number of improvements must be made immediately by the Constitutional Court. The first step is to reform the selection system for constitutional judges. The process that is now full of political interests must be replaced by open and accountable mechanisms, involving independent panels of academics, judicial commissions and civil society representatives. In addition, the mechanism for the dismissal of judges must also be improved. Discharge must be firmly indiscriminately performed if there is a violation of ethics or integrity, through the decision of the Honorary Court or an independent ethical body. “It is also necessary to strengthen the MK ethics board to be more authoritative and not just become an administrative stamp. The Ethics Council must function like the Honorary Judge Court, the authority to conduct an in -depth to the alleged ethical offenses of the MK judges,” Bamo said. He emphasizes the importance of constitutional compliance between state institutions. According to him, Parliament, the president and the Supreme Court must refrain from using their political authority to intervene in the independence of the Constitutional Court. “The Constitutional Court must also return to the constitutional track as a negative legislature. That is, the Constitutional Court is enough to set the norms of the law contrary to the Constitution of 1945 and give a deadline for the DPR to improve it. Not new norms,” ​​he concluded. (AKD/AKD)