JAKARTA – The Constitutional Court (MK) has stipulated Article 169 letter q of Law no. 07 of 2017 concerning Elections and granting the requirement that presidential and vice-presidential candidates be at least 40 years old or have previously served or are currently serving as regional heads. This decision is considered to undermine democratic values and has the potential to influence the public’s view of the positive character of the Constitutional Court and the government.
To discuss this issue, the Moya Institute held a national webinar featuring a number of observers and national figures. The webinar event was held on Tuesday (17/10), with the theme “MK: Fortress of the Constitution?”.
Chairman of the Setara Institute Management Board, Hendardi, when delivering his material, said that from the start he had been reminded that the Constitutional Court’s choice to conduct hearings by examining case practice was not the right step for consistency with the Constitutional Court’s duties. Because the Constitutional Court can only continue the trial if what is being examined contains a constitutional issue, while the question of the age of a candidate for office has long been categorized as not a constitutional issue.
“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 is not a constitutional issue and is not the Constitutional Court’s business. “It should be designed to filter which cases fall within the MK’s authority and confirm whether or not there are constitutional issues in a norm,” said Hendardi.
Meanwhile, the General Secretary of PP Muhammadiyah, Prof. DR. Abdul Mu’ti, is of the opinion that the Constitutional Court’s decision seems to have a big scenario in which in the end the lawsuit for change will not be granted but a ‘middle way’ will be taken, the important thing is that he has leadership experience, this has been expected for a long time.
“The Constitutional Court’s decision is very visible and if we use a scenario that would be predictable. “So personally I wasn’t that surprised,” explained Abdul Mu’ti.
The Executive Director of SMRC, DR. Sirojudin Abbas, that the Constitutional Court’s decision is the key to opening the anti-reform trap door, and this trap can actually be read. What is worrying is that the president himself seems too open to this trap by stating that he is taking part in the presidential election with girls.
“Currently he has not fallen into the trap, but in my opinion this is a debate that we need to explore further with the public, for example whether the president will really fall into the trap and let Gibran run as vice presidential candidate alongside Prabowo,” said Sirojudin.
Another speaker is Observer of Strategic and Global Issues, Prof. Imron Cotan said that the Constitutional Court’s decision exceeded what was requested, causing confusion and big questions among the public. The Constitutional Court has also exceeded its authority because it has taken over the legislative function of the DPR and the President as law makers.
“Because actually when it was submitted, this case could have been rejected because determining the requirements for a position is the domain of open legal policy, and that is the domain of the DPR and the President,” concluded Imron.