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Jokowi gives nod to controversial removal of constitutional justice
President Joko “Jokowi” Widodo has given a nod to lawmakers’ controversial dismissal of Constitutional Court justice Aswanto and the appointment of Guntur Hamzah as his replacement, setting what civil groups say is an alarming precedent that undermines the independence of the judiciary.
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A hearing at the Constitutional Court. (JP/Seto Wardhana)
P
resident Joko “Jokowi” Widodo has given a nod to lawmakers’ controversial dismissal of Constitutional Court justice Aswanto and the appointment of Guntur Hamzah as his replacement, setting what civil groups say is an alarming precedent that undermines the independence of the judiciary.
Guntur, previously the court’s secretary-general, was appointed by the House of Representatives in late September to replace Aswanto, a two-time House appointee who was supposed to end his tenure in 2029.
Aswanto's removal drew accusations of legislative overreach, as prevailing laws do not grant lawmakers the authority to remove a justice. They stipulate that a justice can only be dismissed by a presidential decree in response to a request from the court’s chief justice.
On Wednesday, Guntur took the oath of office in a ceremony at the State Palace, with Jokowi in attendance.
"I'm asking for prayers from all my friends, the media, journalists. Please pray that I can carry out this duty as well as possible,” Guntur told reporters after the ceremony.
Asked about the controversy surrounding Aswanto’s dismissal, State Secretary Pratikno claimed the President “cannot change decisions made by the House”, including its decision to replace Aswanto with Guntur.
“If we look at the Constitutional Court Law, there is an administrative obligation for a sitting president to respond to the House’s decision [by ratifying it] through a presidential decree. So that is an administrative obligation that must be carried out by the President,” Pratikno added.
