RRI.CO.ID, Jakarta - The House of Representatives (DPR) appointed Adies Kadir as a Constitutional Court Justice through a plenary session on Tuesday,  27 January 2026, in Jakarta. Adies replaced Arief Hidayat, who retired as a Constitutional Court Justice in February 2026.

Legal expert Prof. Dr, Dr, Henry Indraguna, SH., M.H stated that the appointment of Adies Kadir as a Constitutional Court Justice (MK RI) from the House of Representatives (DPR) of the Republic of Indonesia should be clearly positioned within the framework of constitutional law. He further stated that the decision should not be viewed solely through the mere political opinion.

Prof. Henry stated that constitutionally, normatively, and legally, the appointment is valid, legal, and has a strong foundation. "The Constitutional Basis for the House's Authority is Attributable. Article 24C paragraph (3) of the 1945 Constitution of the Republic of Indonesia firmly states that the Constitutional Court has nine constitutional justices appointed by the President, with three each nominated by the House, the President, and the Supreme Court," Prof. Henry conveyed in Jakarta on Saturday, 31 January 2026.

The professor at Sultan Agung University Semarang also mentioned that the formulation is both limited and attributional. This means that the House is not merely a participant, but holds the direct constitutional authority to nominate candidates for Constitutional Court justices.

"There is nothing in the 1945 Constitution that limits the personal origins of Constitutional Court justice candidates from the House of Representatives (DPR), as long as they originate from a legitimate internal of the House’s mechanism," Prof. Henry affirmed. This means that as long as the House conducts its authority in accordance with the Constitution and the Constitutional Court Law, the validity of the appointment of Constitutional Court justices cannot be legally challenged.

Moreover, the legal expert also stated that this constitutional authority is further elaborated in Law Number 24 of 2003 concerning the Constitutional Court, as most recently amended by Law Number 7 of 2020. "Article 15 of the Constitutional Court Law stipulates the requirements for Constitutional Court justices, including being an Indonesian citizen, a law graduate, a minimum age of 47 years, a minimum of 15 years of legal experience, integrity, a statesmanship personality, and understanding the constitution," he conveyed in an official statement received by RRI VOI on Saturday, 31 January 2026.​

Prof. Henry reiterated that the Constitutional Court Law does not prohibit leaders or members of the House of Representatives (DPR) from being nominated as Constitutional Court justices. He stated that the prohibition applies to constitutional justices holding concurrent positions after being appointed, not their status prior to nomination.

"As long as the candidate resigns from political and party positions before inauguration, there is no legal violation," he affirmed.

The legal expert also mentioned that if there is criticism that former House’s leaders would compromise the Constitutional Court's independence, it is conceptually wrong. "The independence of judges is not measured by their past, but rather by their status during their term of office, their oath of office, and the prohibition against holding concurrent positions," he said.

As long as Adies Kadir resigns from the House of Representatives and political parties, Prof. Henry said he must obey by the Constitutional Court's code of ethics and carry out his judicial functions independently. His independence is protected by law, not by mere prejudice, perception, and interpretation. 

He believes that Constitutional Court judges are guardians of the constitution, assessing the law within the context of national legal politics. Therefore, from this perspective, Prof. Henry stated, Adies Kadir's experience as a legislator enriches the Constitutional Court's function and not to undermine it.  

So, he said, Adies Kadir's appointment as a Constitutional Court justice is constitutionally valid. (Ahmad Faisal)