The Constitutional Court creates legal chaos because it grants some of the requirements of the presidential and vice presidential candidates
JAKARTA – The Constitutional Court (MK) has announced the results of its decision on the lawsuit regarding the minimum age regulations for presidential and vice presidential candidates. Chief Justice of the Constitutional Court Anwar Usman stated that the Constitutional Court granted the lawsuit regarding the minimum age for presidential candidates (capres) and vice presidential candidates (cawapres).
The Court allows 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 or Pilkada.
“Granting the petitioner’s request in part,” said Chief Constitutional Justice Anwar Usman during the decision reading session, at the Constitutional Court Building, Central Jakarta, Monday (16/10).
At the decision hearing, there were also differences of opinion from the 9 Constitutional Court judges regarding the issue of Regional Heads being able to become Presidential Candidates. 5 judges agreed, 2 rejected and 2 stated that the lawsuit should not be accepted. However, the final result confirmed part of the Constitutional Court’s decision.
Several observers and figures commented negatively on the results of the Constitutional Court’s decision regarding the minimum age for presidential and vice-presidential candidates. Among them are Activist 98, Firman Tendry, Chairman of YLBHI, Muhamad Isnur, Chairman of the National Council of the SETARA Institute, Hendardi, and Gus Dur’s eldest daughter, Alissa Wahid. In essence, they are of the opinion that the Constitutional Court should consistently reject all lawsuits regarding the age limit for presidential and vice presidential candidates and that the Constitutional Court created legal chaos by granting some of the lawsuits regarding the requirements for vice presidents in order to perpetuate Gibran Rakabuming.
Previously, the Executive Director of PARA Syndicate, Ari Nurcahyo, said that the relationship between Jokowi and Prabowo was very complex, and the question of whether they would work together using the Constitutional Court was still a big question mark.
“Current political dynamics appear to be regulated by related parties, and the public is starting to understand the politics that flow, even though sometimes it is difficult to differentiate between the real and the fake,” said Ari at the Media Discussion event with the theme “The Constitutional Court is not a Family Court: Throne, Power , Forgot?”, last Sunday (15/10).
In the same place, Deputy Chair of the SETARA Institute, Bonar Tigor Naipospos, argued that Jokowi had built a lot, including his popularity within the country and his ability to look far ahead in maintaining Indonesia’s political position in the future.
“Jokowi has become a very strong figure in Indonesian political history, and his influence is increasingly visible with his children starting to appear on the political screen. “Jokowi needs to consider the impact of forcing Gibran as Prabowo’s vice presidential candidate, which could affect relations with Megawati and Prabowo,” explained Bonar.
The Director of Lingkar Madani/LIMA Indonesia, Ray Rangkuti, also expressed the same thing, that if the MK accepts the lawsuit, this has the potential to deepen political controversy. A recomposition between the opposition and government supporters may occur, making President Jokowi’s position even more complicated.
“There are at least five political parties in opposition, which have the potential to create political instability in the next year,” he concluded. [*]