Constitutional Court Decision Scandal

JAKARTA - The Constitutional Court's decision in the past week has been a spectacle that shows naked series of events to manipulate a judicial institution known as the constitutional court. Seeing this, it is appropriate for the people to be angry, not just restless.

On September 9 at a seminar on the University campus in Semarang City, Chief Justice of the Constitutional Court Anwar Usman said in his speech it was time for young people to become leaders in Indonesia. He said one of the duties of leaders is to produce better and more resilient leadership cadres than today's leaders.

"The leader's job is not only to carry out leadership routines but also to be able to produce cadres of future leaders who are better and more resilient than today's leaders because the challenges ahead will be more difficult", he said, quoted from the Uniscula page, Kaligawe Campus.

If based on the time line, Anwar Usman's statement and the decision read by the Constitutional Court regarding the age limit of the presidential and vice presidential candidates, of course, have violated the rule of law.

Constitutional law expert Bivitri Susanti said the series of events before the Constitutional Court's decision was read out had been written in various mass media. Bivitri assessed that Anwar Usman's statement was unethical for a judge to comment on the case that was being investigated, at which time it had not been broken. Four days later on September 13, a case was filed by a student named Almas Tsaqibbiru.

"The Almas lawsuit only entered the constitutional court on September 13. Even though the lawsuit from PSI and Garuda Party as well as other regional heads had already been examined and the trial was approximately 5 months. And those who had just entered were granted," said Bivitri Susanti.

Based on the political analysis of the cloud people from the Constitutional Court's decision, of course, President Jokowi's eldest son, Gibran Rakabuming Raka. The Constitutional Court's decision made by Anwar Usman as Gibran's uncle was shown shyly to 270 million Indonesians. Moreover, in the lawsuit number 90, Gibran's name was mentioned by the applicant on the grounds of being idolized.

Bivitri admitted that he was surprised by the legal standing of the plaintiff named Almas. According to him, the legal standing set by the Constitutional Court is usually very strict and should not accept Almas' lawsuit which is only based on idolizing Jokowi's eldest son.

"So there are a lot of criticisms that need to be given based on events that preceded it," said the lecturer at this Jentera school.

The impact of this decision, according to Bivitri, is that the first two are clearly in the constitutional court itself. Where the legitimacy hanger from a judicial institution is actually very fragile and depends on public trust. Public trust depends on the legal decision of the courts.

During the 2019 presidential election, there were small eruptions that occurred, but the public at that time still trusted the Constitutional Court as a gatekeeper from the constitution so that it did not spread. Imagine if everyone couldn't believe it, they laughed at the constitutional court. This is very terrible," he said.

According to Bivitri, the second thing, from the results of the Constitutional Court's decision, provides a situation that is never imagined before. He reasoned that being drawn into the middle of a political arena is a judicial institution that should have its own independence principle.

"The second thing is something that has never been imagined, in which a judicial institution is drawn into the middle of a political arena to pave the way of dynastic politics. We as people learn from the political elite, if the law does not support them (the elites), they must correct themselves but the law that will be changed. And there is an instant way, namely through the constitutional court," he said.

The Constitutional Court's decision to pass the age limit indicates Jokowi's political jokes. Although the pattern of politics is not the same as the story story in soap operas, what needs to be emphasized is that an event is not a record of gossip. Bivitri revealed that she could not prove concretely but saw track records and events before the decision was decided could help create a political analysis.

"Previously there was an attempt by the Constitutional Court to be damaged with the DPR including Guntur Hamzah replacing Pak Aswanto. In making political and constitutional analysis based on analysis from the traces of the actors, it cannot be counted black and white like math. I can see these symptoms very clearly and openly starting from who benefited, the background of the judges and how they decide a case in court," he said.

Politics Loves Children

The dynastic politics applied in President Jokowi's family is considered instant. In contrast to Megawati's method of being also the daughter of the first President, Soekarno. Megawati started her political career in 1996 with the events of July 27 as an opposition. Megawati has been in politics as the government's opposition for several periods and her parents are also gone.

Agus Harimurti Yudhoyono (AHY) the eldest son of the sixth President Susilo Bambang Yudhoyono (SBY) even though he was briefly in the position of chairman of the Democratic Party, he experienced a political event after his father did not serve as president. Although he has not won in every political event, the husband of Annisa Pohan is one step after a political event in Indonesia.

Judging from AHY and Mrs. Megawati, both of them have and follow the process of political events when her father is no longer the head of state.

"The opportunities opened when his father took office are an important note for dynastic politics," said Bivitri Susanti.

Political observer Hendri Satrio admitted that he was very interested in Jusuf Kala's statement mentioning the political love for a child in the style of Jokowi. This statement indicates that there are political forces that will influence the law or vice versa, legal forces that are adjusted to political interests. Politics here is of course the political interests prepared by Jokowi.

"Political dynasties were born out of political love for children, and the majority of our society does not like the existence of political dynasties," said political observer Hendri Satrio in a written statement to VOI, Tuesday, October 24.

Hendri revealed that the postponement of the Constitutional Court's decision may be due to Jokowi waiting for answers that never came from PDIP, related to what proposals will be received after retirement from PDIP. Hendri added that although so far the public has known that Jokowi has received 7 packages where he has become mayor twice, has been governor once, has been president twice, his son has received mayor in Solo and his son-in-law has also become mayor in Medan.

"Mr. Prabowo has offered Mr. Jokowi to become Chairman of the Board of Trustees in Gerindra, while from PDIP itself he has not offered anything to Pak Jokowi when he retires. However, if PDIP offers concrete things to Jokowi, it is certain that it will return to PDIP," said Hendri Satrio.

Political observer Rocky Gerung said President Jokowi is currently considered to be playing a constitutional institution for his political and power interests. This is based on a family link between President Jokowi and the Chief Justice of the Constitutional Court, Usman Anwar.

"All constitutional experts in this country understand very well that the constitutional court does not have the authority to test the age limit of the presidential and vice presidential candidates, that is the right and task of the DPR. Here it can be seen clearly how the public anger is calculated by Jokowi. Like buying a cat in a sack but the sack is already broad," said political observer Rocky Gerung told VOI, Tuesday, October 24.

The Constitutional Court's decision which was considered to pave the way for Gibran Rakabuming Raka clearly caused disappointment not only for Jokowi's supporters but also the PDIP General Chair, Megawati. According to Rocky, this clearly shows that Jokowi does not understand the meaning of competition between political elites. And automatically this shows that Jokowi does not understand political manners.

"Jokowi is immoral. His jokes as head of state caused many people to become hostile and many people became suspicious of each other. Jokowi's attitude will create negative sentiment," said Rocky Gerung, quoted from Rocky Gerung Official's YouTube.

Responding to the stipulation of Gibran as Prabowo Subianto's vice presidential candidate, Rocky assessed that Rocky would hold a grudge that resulted in this election being filled with a war of fraud, not a war of narratives like the previous presidential election.

"We are just waiting for the war and the election war today, or these days will no longer be a narrative war, but a fraudulent war. So it seems that revenge versus revenge, everyone wants to win absolutely, that means the planning of cheating has started now," said Rocky.

The Constitutional Court's decision, which opened up the opportunity for Gibran Rakabuming Raka to become a vice presidential candidate from Prabowo Subianto and was ratified by his own uncle Usman Anwar, was considered a Butet Kertaredjasa culturalist as a moral disaster. Butet explained that currently the Indonesian people are smart and able to read every event that happens well.

"The Indonesian people always have the advantage of reading something "hidden", said Butet Kertaredjasa in his YouTube account.

This Gudeg city culturalist is a supporter of President Jokowi who is not part of a member of a political party or a power group. This man in the eyes of this man also does not want to dictate or teach Jokowi in politics, but only wants to remind him that is the work of the culture he often does. He reasoned that Jokowi's performance, which until now has been considered a role model for leaders, was not destroyed due to a mistake at the end of his term.

"Since 1998 we have struggled for leaders who can be used as examples, become role models, become baromoters, become role models. And don't lose because of the mistakes caused by the Constitutional Court's decision, it's a shame," said Butet Kertaredjasa who is also a Gandrik theater player.

Politician from PDIP, Masinton Pasaribu, emphasized that the decision of the Constitutional Court would have a negative impact on the implementation of the 2024 election. Masinton invites everyone to imagine that the constitutional court as the last guard of the constitution is actually filled by the sontoloyo group.

"Try to think if all election processes are carried out and dispute arises. Disputes in the elections, both the presidential, legislative and regional elections. The dispute is then processed by people who are not, who imagine that we are filled with statesmen, but filled with sontoloyo people," Masinton told VOI Tuesday, October 24.

"A statesman will think that his constitutional mandate will be maintained and guarded. At least he can think that the mandate of reform and democracy, which has been running for 25 years, should not be damaged by naked interests in front of his eyes," he said of the Constitutional Court's decision which received a lot of attention.