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Deciding that Regional Heads Can Run for Presidential Election, Expert: MK Prone to Conflict of Interest

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Jakarta – The Constitutional Court or MK has allowed someone who is not yet 40 years old to run for president or vice president as long as they have experience as a regional head or other position elected through general elections. The decision was delivered on Monday (16/10)

This decision drew criticism from various groups. Previously, Constitutional Law Expert Bivitri Susanti revealed that the Constitutional Court had no authority to create or change legal products such as laws.

Because, this is the authority of the legislative institution, namely the People’s Representative Council (DPR).

“The Constitutional Court only has the authority to ensure that legal products run according to the constitution, not to make or change the law itself, which is the authority of the legislative institution,” he said in a discussion held by the Election Community Coalition to Guard Democratic Elections, Sunday (15/10) in Jakarta.

In a discussion entitled “MK: Constitutional Court or Power Court? Ahead of the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates, Bivitri added that currently many political elites are maneuvering.

“This is a political maneuver to suppress that the age lawsuit is the public’s wish,” he added

Muchamad Ali Safa’at as Dean of the Faculty of Law, Brawijaya University (FH UB) also conveyed the same thing. In his presentation delivered virtually, he assessed that the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates was prone to conflicts of interest.

“The potential for conflict of interest in the decision on the age limit for presidential and vice presidential candidates is quite large because of the familial relationship between President Joko Widodo and the Chief Justice of the Constitutional Court,” he explained.

He also reminded the Constitutional Court to remain objective and free from intervention from any party.

“The Constitutional Court must ensure that judicial power is credible and not influenced by any interests,” he concluded.

Another resource person, namely the Executive Director of Lingkar Madani, described political dynasties as a theme that created political turmoil in 1997-1998. And the issue of nepotism is one of the triggers for popular resistance in addition to other issues such as corruption and collusion.

Because of this, Ray believes that the lawsuit regarding the age limit for presidential and vice presidential candidates is an attempt to perpetuate power.

“The lawsuit over the age limit for presidential and vice presidential candidates can be suspected as an effort to maintain power in the government.” Obviously

He also encouraged Bawaslu to be evaluated. Because, so far it seems like he has always rejected reports from certain parties using various pretexts.

Muhammad Isnur, Executive Director of YLBHI, also expressed criticism of the Constitutional Court. He believes that the conflict of interest of the Chief Justice of the Constitutional Court, Anwar Usman, who has a family relationship with President Joko Widodo, shows the low integrity of the Constitutional Court Judges.

Meanwhile, Chairman of the Indonesian Legal Aid and Human Rights Association (PHBI) Julius Hebrewni said that the results of the Constitutional Court’s decision never paid attention to public aspirations.

The Chair of the Centra Initiative, DR. Al Araf said that many of the Constitutional Court’s current decisions are inconsistent.

“The MK is currently experiencing degradation due to the many ethical and criminal violations committed by MK Judges as well as the many inconsistent MK decisions,” he explained.

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