Maintaining Independence, Constitutional Court Judges Choose to Only Communicate with Wife's Children...

The judges showed their respective positions in written legal opinions (LO) delivered at the judges' deliberation meeting (RPH) which was held behind closed doors since Saturday (6/4/2024). The RPH will even continue until Sunday (21/4/2024) or the day before the decision is scheduled to be read.

One day before the verdict, some constitutional judges even stayed overnight at the Constitutional Court building. In addition to the meetings that went on until late at night, these judges also anticipated not being late for the verdict reading session merely because of getting trapped in traffic congestion.

Constitutional Judge Enny Nurbaningsih, for example, has been sleeping at the office for several days. She even willingly did not go home to meet her family in Yogyakarta while celebrating Idul Fitri 1445 H on April 10. The mother of one child even prepared two suitcases of clothes because she would spend several nights at the office.

Also read: A Look at the MK's "Kitchen" Handling Election Results Disputes

In resolving any case in court, Enny revealed that judges cannot simply look at something formal. However, judges must still use their conscience or moral compass. With regards to this matter, in order to not disturb her conscience, she decided to close all forms of communication.

Therefore, during the trial process of the presidential election dispute (PHPU), especially during the hearing (RPH), he cut off communication with anyone, in any situation, and at any time. He did not communicate with anyone, especially before Eid al-Fitr. Including during Eid al-Fitr, he stayed at the office and did not visit anyone.

So, there is no communication with anyone, except with the husband and children. However, even the husband and children do not delve into the matter further.

“So, there is no communication with anyone, except my husband and children. However, her husband and children also didn't ask much about the matter. "This means that no one influenced or was influenced from anywhere, that's it," said Enny when contacted after the verdict reading hearing, Monday (22/4/2024).

According to her, her opinion on the presidential election dispute is really based on studying all available evidence. "And, it stems from my conviction as a sworn judge. That is my conviction, I don't know about others. But, that is my conviction," said Enny.

Enny's cell phone is also a lot off. He admitted that he only opened his cellphone in the morning to recite the Koran, then closed it because he had to attend a judge's deliberation meeting. "We have meetings non-stop. When do you open your cellphone? I just opened my cellphone now, after it was over (the presidential election dispute). Bismillah, I'll open my cellphone," he said.

After completing the handling of the presidential election dispute, Enny said she only had time to go home to Yogyakarta for a day. "There was a need," said the Professor of Law at Gadjah Mada University.

Our meetings are nonstop. When do I check my phone? I'm only checking it now, after the (presidential election dispute) is over. In the name of God, I'm checking my phone.

Limit communication

Various ways to avoid external influence have also been carried out by Constitutional Judge Arsul Sani. Since the presidential election dispute case, he has reduced communication, both physically and electronically, with people who have the habit of discussing politics and elections, especially those known as supporters of one of the candidates. Understandably, before becoming a constitutional judge, Arsul was a politician who had many friends interested in discussing election issues.

They also left the WhatsApp group that heavily revolved around political content to maintain their independence in handling the issue. This includes not wanting to read or respond to messages related to the presidential election.

"In addition to avoiding physical meetings, I also do not want to receive phone calls or respond to WhatsApp and other written messages. I have been doing this since the beginning of fasting before the presidential election dispute occurred," he said.

In fact, when people are busy attending invitations to break the fast together and gathering for Eid, they temporarily avoid these various agendas. Not a single invitation to break the fast was attended. In fact, during Eid, he only received guests from his younger siblings and returned home to Central Java for a day to visit his mother. "The rest I hide in my house where people don't know," said Arsul.

Although living quietly during the presidential election day off, the family can understand it. The husband of the Judicial Commission's commissioner, Sukma Violetta, has agreed with the family to hold a Eid al-Fitr gathering after the verdict. This is done because the family environment and friendships are very passionate when discussing politics. Because, for the past 12 years, he has been involved in the political world.

"Just like that, we are still being bullied, the Constitutional Court judges are entrusted to Jokowi. In fact, I am the Constitutional Court judge proposed by the DPR, not the President. "So, there is no connection between being a Constitutional Court judge and the President, only taking the oath before President Jokowi as head of state," said Arsul.

Meanwhile, Constitutional Justice Guntur Hamzah admitted that he had not even attended a halalbihalal event once. Halalbihalal is only carried out with employees at the Constitutional Court and fellow judges. "In the office, yes, halalbihalal is simple, just forgiving fellow judges and employees. This year, if I'm not mistaken, there is no halalbihalal event. (Apart from that) If someone sends WA congratulations, I will reply in moderation with mutual apologies and happy Eid al-Fitr," said Guntur.

Regarding the use of communication devices, Guntur stated that he does not bring a mobile phone when entering the court's room and during trials. He has been doing this since becoming a constitutional judge. "Not only for election disputes, but also for constitutional tests, I don't bring my phone to the court's room and trial room," he said.

Sterilization

In addition to judges who refuse to "associate" with the outside world, efforts to ensure that the verdict on the presidential election dispute does not leak are also being carried out. The RPH room on the 16th floor of the MK Building, which can only be reached by stairs from the 15th floor, has been sterilized. Sterilization is carried out from the 15th floor lift to the RPH room. Only constitutional judges and certain individuals who have been sworn in can access the room.

Since the 15th floor elevator, security personnel will ensure that parties do not bring communication devices. There are policewomen to check female employees and judges, and male security personnel to do the same for male employees and judges. Usually, judges do not bring communication devices when attending RPH.

The securing of the RPH space has been initiated after the stairs when stepping on the 16th floor. There is a cowboy glass door that must be passed through to enter the room on the top floor of the Constitutional Court building.

The slaughterhouse or justing meeting room in any country must be sterile. This is also the case at the Republic of Indonesia's Constitutional Court.

Enny Nurbaningsih said that the slaughterhouse room or justing meeting room in any country must be sterile. The same thing applies to the Indonesian Constitutional Court. He confirmed that communication devices, such as cell phones, should not be brought into the slaughterhouse. Because it is feared that cellphones can also be used as recording devices.

Also read: Prevent Meeting Leaks, Elevator from Floor 1 to 15 of MK Building Sterilized

In addition to being sterilized from communication devices and uninvolved people, Enny also confirms that efforts to avoid wiretapping have been carried out by the Constitutional Court (MK) to prevent the leakage of decisions. There have been several attempts made by the MK, such as breaking up signals and everything else. In fact, in the future, MK will also consider using more advanced technology for this purpose. However, it is still being considered, especially regarding the level of trust in that technology.

"As long as we don't do anything malicious inside, yes, there's nothing wrong with that. But, to ensure that our good intentions don't leak, that's what we have to do. That's it. It's just how to do it, well, for example, if we use what the name is, the instrument then we worry about whether the instrument is correct or not. That's it, you know. "We're also thinking carefully about that," he said.

What is certain, added Enny, is that the Constitutional Court has tried various things to keep the slaughterhouse room sterile.