We Get Prank Constitutional Court

JAKARTA Monday, October 16, 2023, almost all Indonesian people feel 'prank' or cheated. This is because the decision of the Constitutional Court is related to the lawsuit of the Indonesian Solidarity Party (PSI) against the age limit for nominating presidential and vice presidential candidates in the 2024 Presidential Election.

At the trial held in Jakarta, the Constitutional Court initially rejected three material test cases regarding the age limit for the Presidential and Vice Presidential Candidates. Among them are case number 29/PUU-XXI/2023 submitted by PSI by asking for the minimum age limit for the Presidential Candidate-Cawapres to be lowered to 35 years.

However, in the afternoon, the Constitutional Court granted a judicial review or judicial review of Article 169 letter q of Law Number 7 of 2017 concerning General Election regarding the age limit for the presidential and vice presidential candidates at least 40 years old proposed by a UNS student named Almas Tsaqibbirru ReA

The case Number 90/PUU-XXI/2023 requested by Almas asked the Constitutional Court to change the nomination requirements for presidential and vice presidential candidates to the lowest age of 40 years or experience as regional heads, both at the provincial and district/city levels.

"Granted the petitioner's petition for part," said Chief Justice of the Constitutional Court, Anwar Usman during a trial at the Constitutional Court Building, Jalan Medan Merdeka Barat, Gambir, Central Jakarta, Monday (15/10/2023).

Thus, the Constitutional Court ensures that a person under 40 years of age can still be nominated as a presidential and vice presidential candidate, as long as he has experience serving as an election result official or regional election.

This decision seems to be the green light for Gibran Rakabuming Raka to run in the 2024 presidential election. The eldest son of President Joko Widodo is said to be one of the candidates for Vice President Prabowo Subianto.

Political observer and Director of Indonesia Political Opinion (IPO) Dedi Kurnia Syah Putra said the Constitutional Court's decision smelled too much political nuances. He suspects that this decision also tends to defend only one person.

That's because the decision includes conditions for those under the age of 40 to run as a presidential candidate or vice presidential candidate if they have held positions obtained through elections, including the Pilkada.

In this case, Gibran passed the requirements as a vice presidential candidate or presidential candidate because of the factor of having served in state office through the Surakarta City Pilkada.

"The Constitutional Court's decision is getting stronger and has a political nuance and tends to defend only one person for the context of 2024, namely Gibran Raka, the Constitutional Court does not want to be considered vulgarly in favor of the interests of the Jokowi family, but the subtance of the decision clearly deceive several plaintiffs, including the public, because in fact, even though they are under 40 years old, they can participate in contestation, this decision is worse than granting the age limit lawsuit," said Dedi to VOI.

"If the lawsuit (age limit) is granted, then the right to contestation belongs to all citizens without exception, with the current Constitutional Court's decision only for those who are already in power. The Constitutional Court seems to be deceiving the public," said Dedi.

Meanwhile, Political Expert from Al Azhar Indonesia University Andriadi Achmad said the Constitutional Court's decision further strengthens the public's suspicion that this was made to become a gap for Gibran to advance in the presidential election contestation.

However, Andriadi emphasized that there was nothing wrong with the Constitutional Court's decision, if the moment was made not in an atmosphere ahead of the 2024 presidential election.

"Actually, the Constitutional Court's decision does not matter if it doesn't happen in the presidential election season. In this way, it further strengthens people's suspicion that this decision was made to accommodate Gibran," Andriadi told VOI.

"Only the momentum is not right, because this coincides with the 2024 presidential election. If this decision is made after the presidential election, then this will be a good decision because it accommodates young people to move forward," Andriadi said again.

Indonesia has held five elections since the New Order ended marked by Suharto's resignation in 1998. However, in every election, the law that is used as the basis for its implementation always changes.

Sebelumnya, perlu diketahui bahwa dalam Undang-Undang Nomor 23 Tahun 2003 tentang Pemilihan Umum Presiden dan Wakil Presiden, disebutkan bahwa persyaratan menjadi Capres dan Cawapres berusia setidak-tidaknya 35 (thirsif) tahun. Ketentuan yang sama juga disebutkan dalam Undang-Undang Nomor 42 Tahun 2008 tentang Pemilihan Umum Presiden dan Wakil Presiden.

According to the former KPU Commissioner, Hadar Navis Gumay, this is a wrong phenomenon in the politics-laws of elections in Indonesia.

"This is an unusual trend in many democratic countries," said Hadar.

This change is a reflection of the dissatisfaction of political actors. After participating in the election, it is necessary to change the rules because of certain political calculations.

In the midst of the hustle and bustle ahead of the 2024 General Election, the regulations almost changed, but finally the Constitutional Court set the age limit for the presidential and vice presidential candidates to remain in accordance with Article 169 letter q in Law Number 7 of 2017 concerning Elections. Although there was a slight gap after Almas' lawsuit was accepted.

According to Hadar, Indonesia should have strong election regulations and not be easily replaced for certain interests. This can be achieved if the DPR and the government evaluate and invite all groups to draw up comprehensive regulations.

"Everything must be committed to formulating a complete and complete rule so that the laws that are generated are ideal, cover all issues, and are far from the interests of certain groups," said Hadar.

The ideal process never happened. So far, it has only been aspired to, but ahead of the election, at a short time, rules are made to regulate sensitive things such as electability, to accommodate certain interests. That is why there is always an intention to change the rules of the election in the next period," said Hadar inferred.