Observers Of The Value Of The Results Of The MKMK Session Are Not Enough To Change The Decision On The Age Limit Of The Presidential And Vice Presidential Candidates

Illustration-(Photo: DOK ANTARA)

Constitutional law observer from the Indonesian Muslim University, Fahri Bachmid, assessed that the decision on the alleged violation of the judge's ethics handled by the Honorary Council of the Constitutional Court (MKMK) could not cancel the results of the Constitutional Court's decision. This is in response to the handling of the MKMK case on the decision of the MKMK number 90/PUU-XXI/2023 which allows regional heads not yet 40 years old to run as presidential and vice-presidential candidates. According to him, ethical institutions such as MKMK do not have adequate arguments to cancel the Constitutional Court's decision product. “In essence, the Constitutional Court with its decision is a very limitative constitutional organ related to its atributive dimension, including the nature of its decision with the 'ergo omnes' or 'finals and binding',” Fahri said on Sunday, November 5. According to him, the construction of the Constitutional Court's institutional forum for ethics delegated that the Constitutional Court must prepare a code of ethics and code of conduct for Constitutional Justices which contains norms that must be obeyed by each judge in carrying out their duties. Thus, Fahri said that the legal consequences of the MKMK decision product were only limited to imposing sanctions, both light and heavy, and it was difficult to annull the Constitutional Court's decision. " “ I have not found a solid constitutional and legal argument related to the extensification of the decision product of the ethics institution which can cancel the Constitutional Court's decision product," he said. Previously, MKMK Chairman Jimly Asshiddiqie said all evidence related to the alleged violation of the code of ethics by the Constitutional Court was complete, including witness statements and experts. Jimly said that the Constitutional Court's decision regarding the alleged violation of the code of ethics of the nine judges of the Constitutional Court would have an impact on the registration provisions for the presidential and vice presidential candidate pairs. "Later, please look at the decisions that we (MKMK) will read, including the answers to the demands so that the decision (MKMK decision) has an effect on the Constitutional Court's decision so that it affects the registration of prospective presidential/vice-presidential candidates," said Jimly, Friday, November 3. The Constitutional Court has scheduled a decision on November 7, or before the determination of the 2024 Presidential and Vice Presidential Election (Pilpres) participants on November 13, 2023. According to Jimly, guarding this case must be carried out from the political ethics system to state ethics.

"Indonesia is the fourth largest law country in the world, but our country's law quality index is number 64, the quality is still far away," said Jimly. Jimly asked the public to be patient in waiting for the Constitutional Court's decision regarding the alleged violation of the code of ethics by nine judges of the Constitutional Court.