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Moya Institute Discussion, Legal Expert: MK Decision Triggers Public Unrest


Jakarta – The decision of the Constitutional Court (MK) to grant lawsuit Number 90/PUU-XXI/2023 concerning the Election Law has received a lot of criticism from various groups.

Regarding this matter, observer of Strategic and Global Issues, Prof. Imron Cotan assessed that the Constitutional Court’s decision regarding regional heads being able to run for the presidential election caused an uproar in society.

“Actually, the Constitutional Court’s decision exceeds what was requested, thus causing confusion and big questions among the public, because our new social contract is anti-KKN, including for the advancement of democracy,” he said in the Moya Institute Webinar, on Tuesday (17/10) in Jakarta.

A number of parties also considered that the Constitutional Court’s decision was a red carpet to make it easier for Gibran to run for the 2024 presidential election.

The former Indonesian Ambassador warned that the Constitutional Court’s decision was prone to causing unrest and could lead President Jokowi into the dark. Because, according to him, this could trigger the impression that President Jokowi is a “girl” in the presidential election.

Likewise, Chairman of the Setara Institute Management Board, Hendardi, assessed that the Constitutional Court’s decision illustrates their low level of integrity in maintaining conflicts of interest.

“The Constitutional Court is showing constitutional evil or constitutional crimes. “Because in essence, the Constitutional Court is no longer upholding the constitution but accommodating the political aspirations of political actors,” said Hendardi

He continued that the Constitutional Court’s decision regarding the conditions for nominating a presidential and vice presidential candidate was an accumulation of irregularities by the Constitutional Court in reviewing various statutory regulations.

He reminded that the Constitutional Court is an institution that focuses on constitutional matters. Therefore, the age limit for filling public positions is clearly an open legal policy, which is therefore not the authority of the Constitutional Court to regulate it.

On the same occasion, the General Secretary of PP Muhammadiyah, Prof. Dr. Abdul Mu’ti said that the Constitutional Court’s decision triggered accumulative disappointment and then gave rise to public violence that could not be controlled.

“The disappointment is very visible among many democracy supporters, even many of those who are disappointed are Jokowi’s loyal supporters,” said Abdul Mu’ti.

He considered the Constitutional Court to be an institution that actually damaged its own dignity, and what was widely circulated was the statement of some constitutional judges that they did not expect it to be like that.

Likewise, the Executive Director of SMRC, Dr. Sirojudin Abbas conveyed the political context that allowed the emergence of lawsuits regarding the age of the presidential candidate and forced the Constitutional Court to get involved in power politics.

“The MK is currently aiming at political participation, the MK is using its legal power to assist certain political processes, which can benefit several groups in the 2024 presidential election,” said Sirojudin.

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