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The Constitutional Court’s Decision on the Regulations for Presidential Candidates – Vice Presidential Candidates Exceeds the Authority of the Government and DPR as Legislators


Jakarta – The Constitutional Court (MK) is considered to have straddled the authority of the Government and DPR RI as legislators. Because the Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates is considered to have exceeded its authority as a negative legislative institution.

This was conveyed by Observer of Strategic and Global Issues, Prof. Ambassador Imron Cotan said that the Constitutional Court’s decision exceeded what was requested, giving rise to confusion and big questions among the public.

“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. The decision read by the Constitutional Court is contrary to the constitution, so it will cause unrest within the Constitutional Court. “The Constitutional Court’s decision has exceeded its authority because it has taken over the legislative function of the DPR and the President as law makers,” said Imron.

The Constitutional Court is currently moving towards political participation, the Constitutional Court uses its legal power to assist certain political processes. This statement was conveyed by the Executive Director of SMRC, Dr. Sirojudin Abbas at the National Webinar entitled “MK: Fortress of the Constitution” held by the Moya Institute on October 17 2023.

“In politics, the public can view this decision as a maneuver by the Constitutional Court which is indirectly involved in dynastic politics, to perpetuate power. “This happened because the Constitutional Court’s decision was the key to opening the anti-reform trap door and destroying the democratic climate that we have maintained so far,” said Sirojuddin.

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 caused public unrest that could not be controlled.

“Currently, the Constitutional Court has become an institution that is destroying its own dignity. This could set a bad precedent and internal division within the Constitutional Court which should not happen. “On the other hand, the public will think that this decision has exceeded the authority of the Constitutional Court, and also weakens the authority of the DPR as a law-making legislator,” explained Abdul.

In line with the General Secretary of PP Muhammadiyah, Chairman of the Setara Institute Management Board, Hendardi, said that the Constitutional Court’s decision which was just released yesterday regarding the conditions for candidacy for Vice Presidential Candidates was an accumulation of deviations that had been made by the Constitutional Court in examining various statutory regulations.

“The decision that has been read by the MK illustrates the low level of integrity of the MK in maintaining conflicts of interest in examining cases,” said Hendardi.

Furthermore, Hendardi said that since the opening session the Constitutional Court should have been able to decide that the material review of the minimum age limit for presidential and vice-presidential candidates was not a constitutional issue and was not the MK’s business, and therefore it was declared unacceptable from the start.

Apart from not being a constitutional issue, the age limit for filling public positions is clearly an open legal policy, which therefore does not have the authority of the Constitutional Court to regulate it.

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