Jakarta — The recently released decision of the Constitutional Court (MK) regarding the conditions for nominating presidential and vice presidential candidates has drawn various reactions and sharp criticism from various groups. At the Moya Institute Webinar entitled “MK: Fortress of the Constitution?”, many argued that the MK had deviated from its role as a fortress of the constitution.
Chairman of the Setara Institute Management Board, Hendardi, expressed concern about the transformation of the Constitutional Court over the last two decades.
“The Constitutional Court has become an institution that is almost uncontrolled and has no check and balances mechanism, making it vulnerable to violating the principles of constitutional justice. “What’s more, the Constitutional Court often cancels changes to laws made by the DPR and the President to limit their authority,” said Hendardi.
One of the most prominent points in the Constitutional Court’s decision was the Constitutional Court’s involvement in testing the age requirements for presidential and vice presidential candidates. Hendardi emphasized that the Constitutional Court, as an institution that must maintain integrity and conflicts of interest, should not examine laws that regulate itself.
“This is a violation of the principle that someone should not be a judge in a case in which they have an interest,” continued Hendardi.
Apart from Hendardi, Prof. Dr. Abdul Mu’ti, General Secretary of PP Muhammadiyah, also commented on the MK’s decision which had been anticipated and seemed to follow a certain scenario.
“Many things in Indonesia today are only seen in terms of legal formalities, and it is increasingly felt that constitutional and spiritual values are being neglected,” explained Abdul.
Likewise, Dr. Sirojudin Abbas, Executive Director of SMRC, said that the pattern of relations between political parties, presidential candidates and President Jokowi was increasingly unbalanced. Even though Jokowi has a high approval rating, the DPR and political parties have low approval ratings, and this makes the presidential candidate very dependent on the President.
“The Constitutional Court’s decision regarding the age requirements for presidential candidates is part of a political effort and creates dependency on Jokowi. “This decision paves the way for Gibran Rakabuming Raka, President Jokowi’s son, to run as a vice presidential candidate (Cawapres),” he concluded.
Lastly, Prof. Imron Cotan, an observer of strategic and global issues, said that the MK’s decision not only exceeded the initial request but also raised confusion and big questions among the public. He highlighted concerns about the emergence of nepotism in national politics.
“The Constitutional Court’s decision opens the door to anti-reform traps, which could endanger the future of democracy in Indonesia. “He requested that appropriate mitigation be carried out to avoid social disturbances that could damage efforts towards a Golden Indonesia 2045,” said Imron.
Meanwhile, the political situation in Indonesia is still tense after the Constitutional Court’s decision. Further decisions and subsequent actions will greatly influence the course of politics and democracy in this country. It is hoped that stakeholders can work together to resolve these tensions and maintain the integrity of the democratic system.
