Will Handle Election Disputes, Independence Of The Constitutional Court Becomes A Highlight After Accepting The Age Limit For Presidential And Vice Presidential Candidates

JAKARTA The independence of the Constitutional Court (MK) which will handle the 2024 election dispute has been highlighted after granting the judicial review request of Law No. 7 of 2017 concerning General Elections related to the age limit for presidential and vice presidential candidates.

Professor and political expert, Ikrar Nusa Bakti said, the Constitutional Court is the highest court to decide whether a law is against the constitution or not, and also to try cases that occur in presidential election disputes, legislative elections, DPD, and regional heads.

"If in determining (the Constitutional Court's decision) who becomes the presidential / vice presidential candidate is questioned by many people, how can the Constitutional Court be trusted in deciding an upcoming election case," he said, Saturday, October 21.

Moreover, many legal experts question the Constitutional Court's decision regarding the age limit for presidential and vice presidential candidates. Ikrar said, in the same lawsuit but the political party and regional head were rejected by the Constitutional Court.

However, the court actually granted the lawsuit filed by the student.

"Why was the lawsuit (about the same matter) rejected, why did it (the presidential/vice presidential candidate's age lawsuit which was recently withdrawn by the Constitutional Court) be accepted? If the standing is a student, does he really want to be vice president? It doesn't make sense," he said.

According to him, it is not wrong if the Constitutional Court's decision grants the term limit for the presidential and vice presidential candidates regarding the political interests that want the Mayor of Solo, Gibran Rakabuming Raka to run as a candidate for the 2024 Presidential Election. This is because Gibran, who is the eldest son of President Joko Widodo (Jokowi) is hindered by a minimum age of 40 years.

However, the Constitutional Court has decided that the age limit for presidential and vice presidential candidates remains at 40 years, unless experienced as regional heads. Moreover, continued Ikrar, Chief Justice of the Constitutional Court Anwar Usman is the uncle of Gibran.

Saldi Isra even said why should he rush to decide on a lawsuit about the age of the presidential candidate. Is it really that important? Therefore, it is suspected that the Constitutional Court has abused its power to decide on this age case," he said.

He considered that democracy in Indonesia had actually led to maturity and could reach its peak in the ninth election since the reforms. Meanwhile, the 2024 election is the sixth election since the reformation. This means that there are still three more elections that will make elections in Indonesia truly make substantial democracy mature.

But if in this sixth election there is coercion of the president's son to become a vice presidential candidate, democracy will recede long before the reform period. However, Ikrar emphasized that this does not mean that it is against President Joko Widodo's attitude.

However, democratic figures want to make it clear that making Gibran a vice presidential candidate is not simple, especially since his father is still the Head of State.

"Imagine, if your son competes for a certain position and you become the main judge. How can it be neutral. If Gibran runs, then the competition field is not equal. We don't want to oppose Jokowi, but we want to make things aware. Hopefully Pak Jokowi is aware," said Ikrar Nusa Bakti.