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Experts on the Value of the Constitutional Court’s Decision on the Presidential and Vice Presidential Candidates May Arouse Major Rejection


The Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates in the upcoming 2024 elections has indeed greatly exceeded their own authority, because this is actually the authority of the DPR RI and the President of the Republic of Indonesia. Apart from that, this decision could be a trap in itself, in fact it is considered that there is already a big scenario in it and it is feared that it has the potential to create more chaos in society because of the big rejection.

Recently there has been a controversy which continues to be discussed very hotly by the public. In fact, the public continues to discuss this matter for quite a long time, so it is best that this decision is not used by certain parties, especially those who have an interest in the democratic party and political contestation only for their own interests.

The reason is, this nation really needs a leader who has a very big soul as a statesman, so they should not use the decision of the Constitutional Court (MK) to perpetuate their interests.

It is also clear that in this decision, it is a very problematic decision and could even be considered an attempt to smuggle the law, because the results of the decision actually seem to only grant part of it. How this decision actually contains a serious legal flaw.

The decision in question is the decision in case number 90/PUU-XXI/2023 regarding the minimum age for presidential candidates (capres) and vice presidential candidates (cawapres) in Law Number 7 of 2017 concerning Elections, which was partially granted on Monday (16/ 10/2023).

Therefore, in a discussion opportunity organized by the Moya Institute, Observer of Strategic and Global Issues, Prof. Ambassador Imron Cotan said that in fact from the decision made by the Constitutional Court it was very clear that they had exceeded what had been requested.

So with this incident, in the future it will have the potential to cause confusion and also at the same time raise very big questions from various groups of society. The reason is, actually all people in Indonesia have agreed to the existence of a new social contract in this country, namely becoming a nation that is anti-corruption, collusion and nepotism (KKN) practices because this is able to further advance the principles of democracy in the country.

In fact, the way the new social contract is established is also the basis for the establishment of the post-reform government since the era after the New Order (Orba). All people in Indonesia have a strong commitment to preventing the practice of KKN and at the same time being able to further provide this nation with a solid foundation to move towards a Golden Indonesia in 2045.

However, it seems that the aspirations of the people have been greatly disappointed by the Constitutional Court (MK) because they have exceeded their authority and have actually taken over the function of legislation which actually belongs to the People’s Representative Council of the Republic of Indonesia (DPR RI) and also the President of the Republic of Indonesia. as a law maker (UU).

Apart from that, in fact, since the first time the lawsuit was submitted to the Constitutional Court, they were able to reject the case because the initial consideration was a determination. This is because if we talk about determining the requirements for a description, then that domain comes from open legal policy and is the domain of the DPR RI and the President of the Republic of Indonesia, not the property of the Constitutional Court.

Because it is very contrary to their initial morals, it is very clear that the Constitutional Court’s decision is capable of causing riots. Moreover, the actual existence of this decision could even be a trap in itself. The first is a trap for Gibran Rakabuming Raka, because he has been told that he will run as a Vice Presidential Candidate (Cawapres) in the upcoming 2024 elections, even though from the start it was very clear that he himself was not of sufficient age.

Moreover, the public will be even more intrigued considering that Gibran’s background position is that he is the son of President Joko Widodo (Jokowi), where currently he himself is still actively serving as Head of State in this republic.

Furthermore, there is also a second trap, namely for President Jokowi himself because he will be considered by the public to be too involved or to be involved in determining who his future successor and successor will be. The existence of this will very clearly be able to become a catalyst for public unrest.

In fact, the involvement of these interests has been able to be detected for a long time, so it seems as if there is a certain party who orchestrated it and became the director behind all the scenarios.

Therefore, everyone should continue to be vigilant so that people’s concerns about large and ongoing riots do not occur, some of which are if it turns out that Gibran himself does not decide to come forward and enter the 2024 contest, or if the heads of the Advanced Indonesia coalition political parties did not want Gibran’s candidacy.

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