JAKARTA - The Retired Forum of TNI Soldiers wrote to the DPR and the MPR to immediately process the proposal for the impeachment of Gibran Rakabuming Raka as Vice President.
The Secretariat of the Retired Forum of the TNI Bimo Satrio said the letter had been sent since Monday, June 2. This document is addressed to MPR Chairman Ahmad Muzani and DPR Speaker Puan Maharani.
"It has been (accepted, ed). There have been receipts from the DPR, MPR, and DPD," said Bimo when confirmed, Tuesday, June 3.
As for the circulating letter, there are a number of points offered by the Purnawirawan Forum as the basis for impeaching Gibran.
One of them, because the son of the 7th President of the Republic of Indonesia received a ticket through the change in the age limit of the presidential and vice-presidential candidates in the Constitutional Court Decision (MK) Number 90/PUU-XII/2023.
While judging from the official website, the Constitutional Court has confirmed the Constitutional Court's Decision Number 90/PUU-XXI/2023 final and has binding legal force.
This institution also submits to legislators to determine more about the minimum age requirements for presidential and/or alternativeized vice president candidates for candidates who have/serving positions elected through elections, including regional elections.
This was read out when the Constitutional Court rejected all applications for testing Article 169 letter q of Law Number 7 of 2017 concerning General Elections (UU Pemilu) as interpreted in the Constitutional Court Decision Number 90/PUU-XXI/2023.
"Article 169 letter q of Law 7/2017 as interpreted by the Constitutional Court Decision Number 90/PUU-XXI/2023 still has binding legal force and therefore the petition of the Petitioners is legally groundless in its entirety," said Constitutional Justice Enny Nurbaningsih at that time.
The provisions of Article 169 letter q of the Election Law as interpreted in the Constitutional Court Decision Number 90/PUU-XXI/2023 do not conflict with the principles of the rule of law, the principles of independent judicial power, the principles of integrity, justice and statesman, as well as protection, promotion, enforcement, and principles of fulfilling human rights contained in Article 1 paragraph (3), Article 24 paragraph (4), and Article 28I paragraph (4) of the 1945 Constitution.
In line with the Constitutional Court's decision regarding Case Number 159/PUU-XXI/2023 submitted by Yuliantoro. Constitutional Justice Ridwan Mansyur in his consideration said that he had given a view in the Constitutional Court Decision Number 141/PUU-XXI/2023 which basically stated that there were three main issues regarding the minimum age requirement limit of forty years to become a presidential and vice presidential candidate.
The details are the desire to lower the age limit to be lower than 40 years; the minimum age limit of 40 years can be matched to a public position that has been/currently held by a person; and the minimum age limit of 40 can be matched to a position that has been or is being occupied which is elected through general elections.
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Of the three main issues above, continued Ridwan, the main problems in the petition for the Petitioner in the form of the uncommodated governor and deputy governor of DIY, deputy regional heads and members of the provincial DPRD and members of the district/city DPRD.
The Court is of the view that the 40-year-old compactification with public office or state administrator who has or is being held by a person refers to laws and regulations that can be said to be broad and there are differences between the laws and regulations in question.
Thus, the existence of the petitioner's argument stating that the position of deputy regional head' is not accommodated in the Constitutional Court's decision that matches the minimum age limit of forty years as interpreted in the Constitutional Court Decision Number 90/PUUXXI/2023 with the existence of a new meaning stating that the lowest age is 40 (fourty) years or has been/standing to occupy positions elected through general elections including regional head elections' is a way of interpreting uncomprehensive decisions' to Ridwan.
Because, explained Ridwan, even though Article 18 paragraph (4) of the 1945 Constitution regulates governors, regents, and mayors, respectively as heads of provincial, district and city governments, it is not followed by the positions of deputy governors, deputy regents, and deputy mayors, but in a juridically a number of laws have interpreted the position of regional heads including deputy regional heads.
Even the existence of a deputy regional head as a position that is included in the position in which there is a regional head, has been included in the Constitutional Court Decision Number 141/PUU-XXI/2023 which combines as well as a minimum age limit of 40 years with regional heads and/or deputy regional heads as elected officials.
"The verdict, trial, reject the Petitioner's petition in its entirety," said Chief Justice of the Constitutional Court Suhartoyo during the trial.
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