The Constitutional Court Judge Calls The Formal Test For The Age Decision Of The Presidential Candidate-Cawapres Lawsuit Indrayana Cs Needs A Progressive Study

JAKARTA - Constitutional Court (MK) Judge Arief Hidayat said the formal test submitted by former Deputy Minister of Law and Human Rights Denny Indrayana and Gadjah Mada University Professor of Constitutional Law Zainal Arifin Mochtar must be studied with a progressive legal paradigm.

"This application must use a lot of paradigms, using an approach that is not merely a formalistic, but uses a progressive legal paradigm," Arief said while giving advice to the petitioners in a preliminary examination hearing reported by ANTARA, Tuesday, November 28.

Arief said the progressive legal paradigm was developed by Prof. Satjipto Rahardjo.

Axioms in the paradigm of progressive law, said Arief, are humans not for law, but for man.

"Axioms that say 'pukum' are not solely for the law itself. Humans are not for the law, but for humans', so that the period of democratic life, the period of life in the rule of law can achieve very substantive justice," added Arief.

He considered that the approach was suitable for use in the formal test submitted by Denny and Zainal. Because in their petition, the petitioners felt that there was a constitutional injustice of strangeness and anomalies in the Constitutional Court Decision Number 90/PUU-XXI/2023.

Meanwhile, Denny and Zainal submitted a request for a formal test of Article 169 letter q of Law Number 7 of 2017 concerning General Elections (Pemilu) as interpreted by the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the terms of age for presidential candidates (candidates) and vice presidential candidates (cawapres).

According to Arief, the formal test application submitted by Denny and Zainal invited the court to leave a formalistic approach.

Therefore, Arief said that an unusual (out of the box) approach is needed to study the case by prioritizing a substantial sense of justice.

We have to go out using an out of the box approach. If we use a linear approach instead of an exponential approach, it's finished, it's finished, there's no problem, this must be the direction where you already know," he added.

Nevertheless, Arief assessed that Denny and Zainal's petition still needed to be improved, especially in the legal standing section.

He said this so that the application submitted would not stop just because there was no clear legal standing.

Legal standing and the posita up to the petitum must be thought out by rewriting (rewriting) what I said. We think out of the box, think progressively, using an exponential approach that leads to the formation of courage the judges are invited to get out of the provisions or norms or approaches that are formalistic-legalistic," he said.

The Court gave the petitioners and their attorneys time to amend the petition until Wednesday (6/12).

"Hard and softcopy repair files have been received at the Constitutional Court no later than 9 am. Later the court will proceed by scheduling to receive a repair script from the applicant," said Chief Justice of the Constitutional Court Suhartoyo ending the trial.