Oddity of MK Granting Lawsuit of Regional Head Can Be Presidential Candidate Vice President, Judge's Decision Changes After Jokowi's Brother-in-Law Attends Meeting

The translation of the given text from 'Bahasa' to 'English' while preserving any HTML tags is as follows: "MK's Peculiarity Grants Lawsuit of Regional Head Can Be Presidential Candidate Vice Presidential Candidate, Judge's Decision Changed after Jokowi's Brother-in-law Attended the Meeting"

Oddity of MK Granting Lawsuit of Regional Head Can Be Presidential Candidate Vice President, Judge's Decision Changes After Jokowi's Brother-in-Law Attends Meeting

Dream - Constitutional Justice Arief Hidayat and Saldi Isra revealed the oddities regarding the decision of the Constitutional Court (MK) which granted the lawsuit number 90/PUU-XXI/2023 regarding the minimum age of presidential and vice-presidential candidates in Law Number 7 of 2017 concerning Elections, Monday, October 16, 2023.

"Kejanggalan Menurut Hakim Arief Hidayat" translates to "Oddities According to Judge Arief Hidayat" in English.

"Because in the decision, the Constitutional Court allows individuals who are under 40 years old to run as presidential and vice presidential candidates as long as they have experience as regional leaders elected through elections. However, on the same day, previously the Constitutional Court rejected three decisions regarding the age limit for presidential and vice presidential candidates, reducing it from 40 years to 35 years. According to Arief Hidayat, he feels a negative cosmology and strangeness in the five cases a quo handled by the Constitutional Court regarding the age limit for presidential and vice presidential candidates. He feels the need to convey this strangeness because it disturbs his conscience."

"This disturbs my conscience as a judge who must demonstrate full integrity, independence, and impartiality, as well as being free from any political intervention and solely oriented towards the interests of the nation and state based on the ideology of Pancasila."
The translation of the given 'Bahasa' text to 'English' while preserving any HTML tags is: "Arief's words when reading the dissenting opinion."

"dream.co.id"

According to Arief, the first peculiarity is the long and delayed scheduling of the session. In fact, the process took up to 2 months, namely in Case Number 29/PUU-XXI/2023 which was rejected by the Constitutional Court this morning, and 1 month in Case Number 51/PUU-XXI/2023 and Case Number 55/PUU-XXI/2023 which were also rejected by the Constitutional Court.

"Postponing Justice"

He admitted that the length of the scheduling of the session does not violate the procedural law, both regulated in the Law on the Constitutional Court and the Constitutional Court Regulation. However, the delay potentially delays justice. "And in the end, it will negate justice itself (justice delayed, justice denied). Moreover, this is an abnormality that I have felt for about 10 years as a constitutional judge in handling cases in the Constitutional Court," said Arief.

Absence of Chief Justice of the Constitutional Court, Anwar Usman

Therefore, he proposed that the court establish a reasonable time frame between the hearing of the request for amendment and the trial examination to hear the testimonies of the DPR (People's Consultative Assembly) and the Government. In this way, such incidents will not happen again in the future. Another peculiarity is the participation of the Chief Justice of the Constitutional Court, Anwar Usman, in one of the cases that was granted by the Constitutional Court.

"Although in the Judges' Deliberation Meeting (RPH) on Tuesday, September 19, 2023, three cases that were eventually rejected by the Constitutional Court (MK), Case Number 29PUU-XXI/2023, Case Number 51PUU-XXI/2023, and Case Number 55/PUU-XXI/2023, Anwar Usman was absent."

At that time, the Constitutional Court (MK) was led by Deputy Chairman Saldi Isra and Arief asked for the reason Anwar Usman was not present. Saldi Isra then stated that Anwar Usman's absence was intended to avoid potential conflicts of interest because the issues being decided related to the minimum age requirement for presidential and vice-presidential candidates, where his nephew, Gibran Rakabuming Raka, had the potential to be proposed in the 2024 Presidential Election. As it is known, Anwar is the husband of Idayati, the younger sister of President Joko Widodo (Jokowi), and the father of Gibran. Finally, the three cases were decided to be rejected. However, when deciding on the other two cases, one of which resulted in a conditional unconstitutional ruling, the Chairman of the Constitutional Court was present.

"The chairman even participated in discussing and deciding both cases a quo and specifically for Case Number 90/PUU-XXI/2023, which was decided with the verdict 'partially granted'. It is truly an action that, in my opinion, is beyond reasonable logic and acceptable reasoning."
"Said Arief"

"dream.co.id"

Constitutional Judge Saldi Isra also revealed the peculiarity in the verdict of case 90/PUU-XXI/2023 regarding the lawsuit on the age limit of presidential and vice-presidential candidates. "Since stepping foot as a Constitutional Judge on April 11, 2017, or about six and a half years ago, this is the first time I have experienced such an extraordinary and strange event," said Saldi.

"Differences in Judge's Decision"

Saldi said, the peculiarity was triggered by the difference in the verdict of case 29-51-55/PUU-XXI/2023 with case 90/PUU-XXI/2023. In the previous three verdicts, according to Saldi, the Constitutional Court judges referred to the petitioner's lawsuit as the realm of lawmaking. "Has the court ever changed its stance? Yes, but it has never happened this quickly, where the change occurs within a matter of days," said Saldi.

As information, the Constitutional Court granted some of the claims in case number 90/PUU-XXI/2023 regarding the minimum age of presidential and vice presidential candidates in Law Number 7 of 2017 concerning Elections, on Monday, October 16, 2023.

The decision was announced after the Constitutional Court rejected three requests for a material test of the same rule submitted by the Indonesian Solidarity Party (PSI), the Garuda Party, and several regional heads. The reason is that if they grant the material test lawsuit to lower the minimum age limit for presidential and vice presidential candidates to 35 years old, it would actually be a moral violation, injustice, and discrimination. This creates an unfair situation for citizens who already have the right to vote and be elected, are 17 years old, married, or have been married.

"In the verdict, it is mentioned that the determination of the minimum age for presidential and vice-presidential candidates is the domain of lawmaking. The Constitutional Court also stated that it cannot determine the minimum age limit for presidential and vice-presidential candidates because there is a possibility of future dynamics."

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