Experts Say the Constitutional Court’s Decision Has Triggered Accumulative Disappointment and Public Distrust
Jakarta – The decision of the Constitutional Court (MK) regarding the age limit for presidential and vice presidential candidates is considered to have triggered accumulative disappointment which has the potential to lead to uncontrollable public violence.
This was stated by the General Secretary of PP Muhammadiyah, Prof. Dr. Abdul Mu’ti in a National Webinar with the Moya Institute with the theme “MK: Fortress of the Constitution?”, Tuesday (17/10).
Prof. Dr. Abdul Mu’ti said that the Constitutional Court had become an institution that was actually destroying its own dignity.
“What is widely circulating is the statement of some of the constitutional judges that they did not expect it to be like that, and it was like it was taken unilaterally by certain judges at the Constitutional Court. This could also set a bad precedent and division within the Constitutional Court which should not happen,” he said.
Likewise, observer of strategic and global issues, Prof. Imron Cotan believes that the Constitutional Court has 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,” he explained.
According to him, the public is trapped in legal formalities, there is a loss of the legal dimension of the Constitutional Court’s decision.
Furthermore, Prof. Imron explained that the Constitutional Court’s decision exceeded what was requested, giving rise to confusion and big questions among the public.
“Because our new social contract is anti-KKN, including for the advancement of democracy. “That is the basis of the establishment of the post-reform government, we are committed to preventing the practice of KKN and at the same time advancing democratic values, so that in our lives we can have a solid foundation towards a Golden Indonesia 2045,” he explained.
On the same occasion, Chairman of the Setara Institute Management Board, Hendardi, said that the Constitutional Court’s habit of deciding cases is more than 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.
“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 a matter for the Constitutional Court, and therefore it was declared unacceptable from the start,” he explained.
On the other hand, he believes that the Constitutional Court is no longer upholding the constitution but accommodating the political aspirations of political actors, instead of being a fair referee and regulator of political rhythm. According to him, the Constitutional Court opened itself to being politicized by accommodating political wishes, especially those coming from ruling actors.
Meanwhile, SMRC Executive Director, Dr. Sirojudin Abbas said that the Constitutional Court’s decision was the key to opening the anti-reform trap door.
“The Constitutional Court is currently moving towards political participation, the Constitutional Court uses its legal power to assist certain political processes,” he said.
According to him, it is not impossible that everyone will be disappointed because they see nepotism on the national political stage.
“In this context the magnitude of the movement will be difficult to predict. “If it grows bigger, movements like this will disturb President Jokowi’s peace and could even accelerate the start of a period of paralysis due to strengthening resistance and increasing public distrust,” he concluded.