Jakarta – Chairman of the Setara Institute Management Board, Hendardi, said that the Constitutional Court (MK) was promoting constitutional evil or constitutional crimes. The Constitutional Court is considered open to being politicized.
He said this in response to the decision of the Constitutional Court (MK) that someone who had served as a regional head or other state official who was elected through an election was declared able to run for president or vice president even though he was under 40 years old.
“The MK is no longer upholding the constitution but accommodating the political aspirations of political actors. Instead of being a fair referee and regulator of political rhythm, the MK has actually opened itself to being politicized by accommodating political will, especially those coming from ruling actors,” he said in a National Webinar held by Moya Institute (17/10).
Hendardi explained that since the opening session, the Constitutional Court should have decided that the material review of the minimum age limit for presidential and vice-presidential candidates was not a constitutional issue and was not the MK’s business, and therefore it was declared unacceptable from the start.
“The preliminary hearing should be designed to screen which cases fall within the MK’s authority and confirm whether or not there are constitutional issues in a norm, not like being a ‘Trash Basket Court’, trying to carry out all cases,” stressed Hendardi.
On the same occasion, from the perspective of academics and Islamic scholars, namely the General Secretary of PP Muhammadiyah, Prof. Dr. Abdul Mu’ti, the Constitutional Court has become an institution that is actually destroying its own dignity.
“There have been many statements made by some constitutional judges that they didn’t think it would be like that, and it was like certain judges at the Constitutional Court were taking sides, this could also set a bad precedent and division within the Constitutional Court which should not have happened,” said Prof. Abdul.
According to him, the statement in the explanation of the 1945 Constitution that a law should not only be seen from its material side but also the spiritual atmosphere that accompanies it now seems to have become increasingly dislodged so that various matters relating to the law and various legal decisions have become instruments for certain interests and are so visible to the naked eye.
Observer of Strategic and Global Issues, Prof. Imron Cotan said that the Constitutional Court’s decision this time exceeded what was requested, giving rise to confusion and big questions among the public.
“Because our new social contract is anti-KKN, including for the advancement of democracy. “That is the basis of the establishment of the post-reform government, we are committed to preventing the practice of KKN and at the same time advancing democratic values so that in our lives we can have a solid foundation towards a Golden Indonesia 2045,” he said.
Almost in line with Prof. Abdul, Prof. Imron said that the Constitutional Court had exceeded its authority because it had taken over the legislative function of the DPR and the President as law makers.
