Questioning The Constitutional Court's Basa-basi Decision

Chairman of the Honorary Council of the Constitutional Court (MKMK) Jimly Asshiddiqie leads the trial of the verdict of alleged ethical violations against the Constitutional Court Judge in Jakarta, Tuesday (7/11/2023). (Between/Galih Pradipta/tom)

JAKARTA - Some people are dissatisfied with the decision of the Constitutional Court Honorary Council (MKMK) which was read by Jimly Asshidiqqie at the Constitutional Court Building, Jakarta, Tuesday (7/11/2023).

The Constitutional Court has decided to impose a sanction to dismiss Anwar Usman as Chief Justice of the Constitutional Court after being proven to have violated the code of ethics and behavior of the Constitutional Court judge regarding the decision on the case of the presidential candidate's age limit.

"Declare that the reported judge is proven to have committed serious violations of the code of ethics and behavior of the constitutional judge, as stated in Sapta Karsa Hutama, the principle of impartiality, principle of integrity, principle of competence and equality, independence and appropriateness and decency," said the Chief Justice of the Constitutional Court, Jimly Asshidiqqie.

However, the Constitutional Court's decision did not touch the 90 case which sparked a polemic. As is known, the case decided by Anwar Usman regarding the requirements for presidential and vice presidential candidates to be under the age of 40 as long as they have experience as regional heads.

This is because the Constitutional Court is not authorized to assess the Constitutional Court's decision with case number 90/PUU/XXI/2023.

The decision read by the Chief Justice of the MKMK Jimly Asshidiqie did not satisfy all parties. One of the parties who are not satisfied with the decision is the attorney of the reporter who represents 15 Professors and Teachers of Constitutional Law and the Law of State Administration in the Constitutional and Administrative Law Society (CALS).

"If only the decision to dismiss Anwar Usman was not enough," said Arief.

According to him, the MKMK should state that the decision 'case 90' was canceled by law, because it was taken by judges who had conflicts of interest.

"At least, the Constitutional Court ordered the Constitutional Court judges who do not have a conflict of interest to try again," he added.

Arief further said that the Constitutional Court's decision was a sign of the death of the constitution and democracy.

Meanwhile, political observer Karyono Wibowo emphasized that the MKMK had made a decision in accordance with its authority, namely only testing ethical issues.

That the Constitutional Court's decision regarding the age limit for candidates for presidential and vice-presidential candidates that was not canceled by the MKMK, Karyono admitted that it would again lead to pros and cons because some people did not agree.

"Some people actually hope that the Constitutional Court's decision will cancel the Constitutional Court's decision regarding the 'case 90' regarding the presidential and vice presidential age limit. But the Constitutional Court does not have the authority to cancel the Constitutional Court's decision," Karyono told VOI.

In terms of authority, this is appropriate by dismissing Anwar Usman, but some people are not satisfied and say this is just a gimmick.

"I think the Constitutional Court's decision has a little coverage, although it is not fully satisfied because it cannot change anything," said the Executive Director of the Indonesia Public Institute (IPI).

Contacted separately, political observer from Al Azhar University Indonesia Andriadi Achmad assessed that the Constitutional Court's decision would be a burden for Prabowo Subianto-Gibran Rakabuming Raka.

The couple from the Advanced Indonesia Coalition (KIM) continues to receive negative sentiment from some people following the Constitutional Court's decision to allow the presidential or vice presidential candidates to be under the age of 40 during his or his tenure as regional head.

With the Constitutional Court's decision, Gibran is considered to have received a red carpet to be able to accompany Prabowo in the 2024 presidential election. Prabowo-Gibran's electability in several surveys is still satisfactory, so this can be an event for rivals to discredit the couple.

"Anwar Usman was dismissed from the Chief Justice of the Constitutional Court for violating serious ethics, okay, but still can't cancel the Constitutional Court's decision because it is binding. This can be a burden for Prabowo-Gibran in the future," Andriadi told VOI.

"This can be an entry point to kill Prabowo-Gibran. With high electability, although some also say it has decreased, there is a euphoria of victory in this camp," Andriadi added.

"So that various efforts were made and the Constitutional Court's decision became an arena to discredit this couple. And it became Gibran's burden because he was considered a political defect," Andriadi concluded.