Anwar Usman (Antara)

The newly elected Constitutional Court (MK) chief justice, Anwar Usman, has a tough job ahead, mainly in restoring public faith in a court that has been hit by controversies and doubts as it is seen to be increasingly leaning toward conservatism.

Anwar took his oath before the court justices on Monday after he won the election by a five-to-four majority vote, defeating justice Suhartoyo in a one-round voting session on Monday.

The 61-year-old served two terms as deputy chief justice before he was elected on Monday as the new chief justice replacing Arief Hidayat, whose term as chief justice was marred by ethics violations. His inauguration came amid concerns over the Constitutional Court’s faltering integrity and legitimacy in the public’s eye.

Its dwindling reputation has also been acknowledged by some of the justices, including Maria Farida Indrati, the only woman on the bench and who is set to end her final term with the court in August.

Maria, who is also among the few justices on the panel of nine that hold progressive views, expressed her concerns to her fellow justices just before Monday’s voting session began.

“I feel disappointed and worried […] that some [plaintiffs] retracted their judicial review requests because they don’t trust the court and [they] suspect that the justices are divided,” Maria told the panel.

She was referring to a judicial review petition challenging the House’s controversial inquiry rights into the Corruption Eradication Commission (KPK).

One of the plaintiffs in the case, a coalition of individuals and civil society groups led by former KPK chairman Busyro Muqqodas, withdrew its petition following allegations that Arief had used it as a political bartering tool with lawmakers over his term extension as justice.

In the judicial review case, Anwar was among five justices who ruled to uphold the House’s
inquiry rights.

On Monday, activists questioned whether Anwar was the right man to lead the court, given his close ties with Arief — which he publicly admitted during his inauguration speech by thanking his predecessor for being his mentor in the past years.

Anwar was inaugurated alongside Aswanto, who won his post as deputy chief justice by a five-to-four majority vote as well, defeating justice Saldi Isra, widely considered to be a progressive.

Another tough job awaits Anwar, who is considered by activists to be among the more conservative justices, as he is slated to lead the court in the near future and decide an ongoing judicial review case filed by minority religious group Ahmadiyah, which has challenged the controversial 1965 Blasphemy Law.

Anwar, Arief and Aswanto have shared similar conservative-leaning stances during previous judicial review hearings.

For instance, in a recent petition filed by conservative academics who sought to outlaw premarital sex and same-sex relationships, the three were among four justices who offered dissenting opinions and concurred with the petitioners.

“I am worried about the future of the Constitutional Court […] Vulnerable citizens may not have their constitutional rights fully protected, as the majority of court justices hold conservative views,” said Erwin Natosmal of the Indonesian Legal Roundtable (ILR).

Anwar started his career in the judiciary as a judge in West Java’s Bogor District Court in 1985, before joining the Supreme Court in 1997.

His track record at the Constitutional Court is not without controversy.

He was questioned by the KPK in 2013 in relation to a bribery case implicating former MK justice Akil Mochtar.

However, both Anwar and Aswanto have denied that their five-to-four victory meant that the court’s justices were divided into two camps, with Aswanto saying that “it is usual […] It is a polarization that depicts the justices’ independence”.

When asked about what he would do to restore the public’s faith in the Constitutional Court, Anwar said: “Insya Allah [God willing] we will be able to provide trust, so that [the people] will know that what [the court] has done until today is on track.”

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