Heavy Duties and Challenges of the Elected Chairperson

Both candidates have received public attention with different records. Anwar, as the brother-in-law of President Joko Widodo, makes some people worry that it will affect his independence as a judge and chairperson of the Constitutional Court. On the other hand, Arief Hidayat was once subject to a light ethical sanction by the Ethics Council.

According to Charles Simabura, an expert in constitutional law from Andalas University Padang, the public does not have many choices but to hope that both candidates can open a new chapter if elected as leaders of the Constitutional Court. "If entrusted to lead the Constitutional Court, they must restore personal dignity by demonstrating independence and improving the image of the institution. Although the Constitutional Court is a collective collegial institution, they represent the image of the institution," he said.

Anwar and Arief are expected to provide a good legacy by improving the image of the Constitutional Court and reaffirming its position as the "guardian of the constitution". "Change the image, become someone who returns to their true identity, become a statesman," added Charles.

Both candidates have until 2026 to serve as constitutional judges. Anwar will complete his 15-year term in that year, while Arief Hidayat will reach the retirement age of 70.

Charles suggested that the constitutional judges consider the various challenges that the Constitutional Court will face in the future when choosing the leadership of the Constitutional Court. These challenges include simultaneous elections, controversial regulations such as the Government Regulation in Lieu of Law on Job Creation, the Criminal Code, the state capital, and regulations related to natural resources that will be debated.

According to Charles, the biggest thing to maintain this year and next year is democracy, including the space to question changes to the 1945 Constitution, the extension of the term of office of the president and vice president, and the postponement of elections. Therefore, the new leaders of the Constitutional Court must be statesmen who are able to stand above group interests.

The future leaders of the Constitutional Court are also expected to side with the public, even though the pressure on the institution and the judges themselves is increasingly real. There is a plan to revise the Constitutional Court Law which introduces a five-yearly evaluation of Constitutional Court judges by the proposing institution, but the leaders of the Constitutional Court are expected to uphold the independence and integrity of the judges.