The Constitutional Court’s decision regarding the age limit for presidential and vice presidential candidates is seen as taking over legislative functions
The Constitutional Court (MK) should remain the guardian of the constitution, not guard political interests (political court). This was conveyed by Cecep when asked about the Constitutional Court’s decision regarding the requirements for presidential and vice presidential candidates.
Chairman of the Setara Institute Management Board, Hendardi, said, “It seems that the development of the Constitutional Court into an institution that is difficult to control and the lack of a check and balances mechanism could be a serious concern.
The MK’s latest decision issued yesterday seems to be related to the conditions for nominating the President and Vice President and is the result of a number of irregularities that the MK usually makes in examining various legal regulations.
“I think the Constitutional Court’s decision, which was just released yesterday, is related to the conditions for the candidacy of presidential and vice presidential candidates, namely the accumulation of deviations that have been made by the Constitutional Court in examining various laws and regulations,” he said in a Webinar webinar on ‘MK: Constitutional Fortress?’ on Tuesday, October 17 2023.
Meanwhile, the General Secretary of PP Muhammadiyah, Prof. Dr. Abdul Mu’ti said that the Constitutional Court’s decision was very visible and if it used a scenario that would be predictable. So personally I’m not that surprised.
“I have heard the Constitutional Court’s decision, I personally am not that surprised because it seems like there is a big scenario where in the end the lawsuit for change will not be granted but a ‘middle way’ will be taken, the important thing is that he has leadership experience, I have suspected that for a long time ,” he said.
According to him, problems in Indonesia are seen primarily in legal assessments in terms of formality, while the inner aspects, especially those related to laws and the Constitution, are often neglected. There are significant changes in this regard.
On the other hand, SMRC Executive Director, Dr. Sirojudin Abbas said that the Constitutional Court’s decision was a pattern presented by presidential candidate Prabowo and President Jokowi as a form of political cooperation.
“The Constitutional Court’s decision is the key to opening the anti-reform trap door, most clearly a trap for President Jokowi,” he said.
At the same time, Observer of Strategic and Global Issues, Prof. Imron Cotan said that the Constitutional Court’s decision, which exceeded the required limits, had caused confusion and big questions in society. Our new social contract affirms anti-KKN for the advancement of democracy, and it is the basis of post-reform governance. Our commitment is to prevent KKN and advance democratic values, towards the vision of a Golden Indonesia 2045.
According to him, the Constitutional Court has exceeded its authority by replacing the legislative role that should be held by the DPR and the President as law makers.
“The Constitutional Court has exceeded its authority because it has taken over the legislative function of the DPR and the President as law makers,” he said.