Ethics ruling: Jokowi’s brother-in-law demoted from chief justice

Anwar Usman breached judicial independence by failing to recuse himself from case that allowed nephew to run for vice-president.

Jimly Asshiddiqie led the ethics hearing on Tuesday. Picture: AFP

One of Indonesia’s top judges – and the brother-in-law of President Joko Widodo – has been ­removed as chief justice of the constitutional court for a “serious ethics violation” over his role in a ruling that cleared the path for his nephew to run for vice-president.

But the three-member judicial ethics panel stopped short of sacking Anwar Usman from the bench, triggering fresh protests from legal experts and democracy activists, who have called for ­Justice Usman to resign and for the court to review its controversial ruling.

The chief justice was found to have violated his judicial independence and the principle of ­impartiality last month when he refused to recuse himself in a 5-4 constitutional court decision that changed the eligibility criteria for candidates to allow those under the age of 40 who had held elected office to contest.

The decision paved the way for Jokowi’s 36-year-old son, Gibran Rakabuming Raka, the Mayor of Solo, to announce his candidacy for next February’s elections as the running mate of presidential frontrunner and Defence Minister Prabowo Subianto.

But it also sparked public outrage and 21 different complaints submissions, many of which accused the chief justice of a conflict of interest — an allegation Justice Usman has denied but which the panel upheld. The ruling has also dealt more than a glancing blow to Jokowi, the previously Teflon-coated Indonesian President who many believe pushed Mr ­Gibran’s candidacy in order to maintain political influence after his second and final presidential term is up next October.

Former chief justice Jimly Asshiddiqie, who led the ethics hearing, said Justice Usman would be allowed to remain a constitutional court judge but would be barred from hearing any post-election result disputes that pose “a potential conflict of interest”.

Mr Asshiddiqie – whose own son will contest legislative elections under the banner of Mr Prabowo’s Gerindra Party – said the panel had decided against ­firing Justice Usman because it would have required a fresh appeals panel and created uncertainty ahead of February 14 polls. The election committee is due to formally announce all candidates this Friday.

“We need certainty to not create problems that could result in the election process that is not peaceful,” Mr Asshiddiqie said.

The panel’s decision was not unanimous, however, with one member, Bintan Saragih, arguing Justice Usman should be “dishonourably dismissed” over the ethics breaches.

Justice Usman defended his reputation at a press conference on Wednesday afternoon, and criticized the ethics panel for making its findings public. “As a constitutional judge I still adhere to prevailing judicial principles”

A spokesman for presidential candidate Ganjar Pranowo said that, while the team had hoped for ­Justice Usman’s dismissal, it was satisfied the committee’s findings restored the constitutional court’s dignity.

“In recent weeks, we have felt that dark clouds have been overshadowing the legal landscape in our country,” campaign chief Arsjad Rasjid said. “We appreciate the decision that found Anwar Usman guilty of professional ethics violations, conflict of interest, and turning the constitutional court into an institution accommodating family interests.”

Constitutional law expert ­Bivitri Susanti, one of the 21 ­official complainants, told The Australian she was “disappointed but not surprised” by decision that was likely also influenced by political considerations and the need to find a “face-saving” remedy for Justice Usman.

But, she added; “The ball is now back at the constitutional court” to determine whether the findings against Justice Usman invalidated last month’s ruling.

The court was due to hear the first of five submissions on Wednesday afternoon demanding it re-examine the issue of age limits for presidential candidates.

“There is no appeals process in the constitutional court but they can re-examine the (legal) norm without the involvement of Anwar Usman. We hope some ­reformer judges can push their colleagues to do this,” she said.

Ms Susanti said Justice Usman’s ethics violations had made his position on the bench untenable and he should resign. His successor as chief justice will be elected this week.

Additional reporting: Dian Septiari