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Questions hang over top court after Anwar’s win
An administrative court has ruled in partial favor of a petition filed by former Constitutional Court chief justice Anwar Usman regarding his demotion from the court’s top role, a decision that critics say sets a troubling precedent and could disrupt the functioning of the court.
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Constitutional Court Chief Justice Suhartoyo (center) poses with court justices (from left to right) Arsul Sani, Daniel Yusmic Pancastaki Foekh, Enny Nurbaningsih, Saldi Isra, Anwar Usman, Arief Hidayat, M. Guntur Hamzah and Ridwan Mansyur after a ceremony to commemorate the 21st anniversary of the Constitutional Court at the court's building in Jakarta on June 13, 2024. (Antara/Indrianto Eko Suwarso)
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n administrative court has ruled in partial favor of a petition filed by former Constitutional Court chief justice Anwar Usman regarding his demotion from the court’s top role, a decision that critics say sets a troubling precedent and could disrupt the functioning of the court.
The Jakarta state administrative court (PTUN) ruled on Tuesday on the petition, declaring the appointment of Suhartoyo as Constitutional Court chief justice invalid and restoring Anwar’s “reputation” as a justice.
The bench did not grant the last point of Anwar’s petition, that his dismissal as the court’s chief justice be overturned, dashing Anwar’s hope of being automatically restored as the chief justice of the Constitutional Court.
Anwar, the brother-in-law of outgoing President Joko “Jokowi” Widodo, was demoted from the court’s top post in November of last year after an ethics council found him guilty of a “serious ethical violation” for failing to recuse himself from a petition seeking to revise the age requirements for presidential and vice presidential candidates under certain circumstances.
The court’s ruling on the case cleared the way for Anwar’s nephew, Jokowi’s eldest son Gibran Rakabuming Raka, to run in the February presidential election as Defense Minister Prabowo Subiato’s vice presidential candidate. The pair won the election.
The PTUN ordered the Constitutional Court to annul Suhartoyo’s appointment as chief justice but gave the defendant a two-week window to appeal the ruling.
Read also: Constitutional Court to mount defense against Anwar’s challenge over demotion
