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Expert: MK Decision Regarding Age Limit for Presidential and Vice Presidential Candidates Violates Constitutional


The Constitutional Court has decided that the age limit for presidential candidates must be at least 40 years or have previously/currently held positions elected through general elections, including regional head elections.

After running for 20 years, the MK’s performance has moved away from its initial design, where the MK was governed by the Constitution to uphold the constitutionality. The Constitutional Court has been transformed into a superbody institution that can barely be controlled, except through the ethics honorary court.

This was stated by the Chairman of the Setara Institute Management Board, Hendardi in a webinar entitled MK: Constitutional Fortress which was held online on Tuesday (17/10/2023).

According to him, the Constitutional Court is the only institution that is not equipped with a check and balances mechanism because of its tendency to violate the principles of constitutional justice. Every time the DPR and the President change the MK Law to technically limit its authority, the MK tends to cancel it.

“The only institution that does not have a design of checks and balances is the MK, because the MK is used to violating various principles of constitutional justice, every time the DPR and the President change the MK Law, which technically limits the MK’s authority, they will cancel it. That’s what happened,” he said.

The Constitutional Court’s decision which was just released yesterday regarding the conditions for candidacy for Vice Presidential Candidates is an accumulation of irregularities that have been carried out by the Constitutional Court in examining various statutory regulations.

At the same time, the General Secretary of PP Muhammadiyah, Prof. Dr. Abdul Mu’ti said that the Constitutional Court seemed to be experiencing promotion of constitutional crimes, because it no longer carried out the function of upholding the constitution, but rather accommodated the political aspirations of political actors. On the contrary, being a regulator of fair political rhythms, the Constitutional Court seems to be opening itself to politicization by accommodating political wishes, especially those from the authorities.

The Constitutional Court’s habit of deciding cases exceeds what is requested or requested, and this makes noise outside the court a consideration in deciding cases. The Constitutional Court is changing to be primarily guided by the constitution.

“I have heard the Constitutional Court’s decision, I personally am not that surprised because it seems like there is a big scenario where 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, I have suspected that for a long time ,” he said.

“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,” he continued.

On the other hand, Observer of Strategic and Global Issues, Prof. Imron Cotan revealed that the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates has exceeded the limits of its authority by replacing the legislative role that should be carried out by the DPR and the President as law makers.

“The Constitutional Court has exceeded its authority because it has taken over the legislative function of the DPR and the President as law makers,” he said.

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