ANALISIS PELANGGARAN KODE ETIK HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MK NOMOR 90/PUU-XXI/2023

Abstract

Code of Ethics and Behaviour of Constitutional Court Judges and the Role of the Honorary Council of the Constitutional Court in Handling Cases of ViolationThe Constitutional Court (MK) as a high state institution has a great responsibility in upholding the constitution and protecting the legal rights of the community. To carry out their duties, MK judges are obliged to comply with the established code of ethics and behaviour. This code of ethics regulates the principles of independence and integrity, which are the foundation for public trust in the judiciary. Judges' independence is important so that they can make fair decisions without pressure from any party, while integrity ensures that judges act in accordance with high moral norms and standards. The Constitutional Court judges' code of ethics and behaviour covers various aspects, such as the obligation to maintain case confidentiality, avoid conflicts of interest, and improve professional competence through education and training. In addition, judges are expected not to get involved in practical politics and keep their distance from outside influences that could undermine their objectivity in deciding cases. The implementation of this code of ethics not only supports the performance of judges, but also provides legal guarantees for the public that decisions are made based on pure legal considerations. The role of the Constitutional Court Honour Council (MKMK) is very important in enforcing this code of ethics. The MKMK is tasked with overseeing, assessing and handling offences committed by judges. If there are reports or allegations of irregularities, the MKMK will conduct an investigation and impose appropriate sanctions, ranging from reprimand to dismissal. With the existence of MKMK, it is expected that the governance of judicial institutions will become more transparent and accountable. In recent years, there have been several cases involving violations of the code of ethics by judges, which have been successfully handled by MKMK. For example, a case where a judge was involved in brokering practices that harmed the public. Through a transparent investigation process, the judge was eventually sanctioned, demonstrating that MKMK is committed to upholding the principles of integrity and independence within the judiciary. The Constitutional Court's code of ethics and judge behaviour is an important guide to maintaining the independence and integrity of judges in carrying out their duties. The support of the Honorary Council of the Constitutional Court in overseeing violations of the code of ethics plays a crucial role in ensuring that the Constitutional Court remains a credible institution that is trusted by the public. With these efforts, it is hoped that justice and legal certainty can be realised, and public confidence in the justice system can be maintained.