JAKARTA - Prabowo Subianto-Gibran Rakabuming Raka pair received number two during the draw for the 2024 vice presidential candidate at the Indonesian KPU last night.
Constitutional law expert, Bivitri Susanti, assesses that the Prabowo-Gibran pair will lose money because they do not have legitimacy in their candidacy. Bivitri considers that the decision of the Constitutional Court (MK) on the basis of Gibran Rakabuming's candidacy is also a legality defect.
According to him, the nomination of President Joko Widodo's eldest son has broken the constitution, injured the law, has also been proven to have violated severe ethics.
"There have been problems in the legitimacy of Gibran's candidacy, because there are ethical issues that have been proven at the MKMK (Religious Assembly of the Constitutional Court). This is the constitution played for politics," said Bivitri in his statement, Tuesday, November 14.
This Lecturer at the High School of Law Jentera explained that the Constitutional Court's decision on the case of Decision Number 90/PUU-XXI/2023 was legally flawed. The reason, said Bivitri, was that the decision hit the Law on Justice Article 17 which explained that the judge who had a conflict of interest in the case, in this case, namely Gibran Rakabuming, the judge had to resign.
The next paragraph, continued Bivitri, is that if the judge does not resign, the decision is declared null and void. But in reality, he said, Judge Anwar Usman did not resign and Gibran continued to walk and was appointed by the KPU as the Vice Presidential Candidate.
"We see a big context, someone wants to move forward, there is a law to hinder it. Normally, if we obey the law, care about the law, just wait, but this is not the case. In fact, the law is replaced by using power, that's what happens in our state of law," said Bivitri.
Bivitri also invited voters to look at the moral logic of the candidates who will compete in the 2024 presidential election. According to him, the people are smart to choose which figures stay away from cheating.
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"Our grip is our moral compass. How can an intellectual person see a mistake but just stay silent. This is a sign that our democracy is on the verge of danger," he said.
"And because of that this legitimacy is very important, this is the presidential election and in the future it will definitely interfere with the process. Actually, it's bad for them, if in my opinion, Indonesians, everyone cares about it, we're not stupid too, we can see with the naked eye that there is a conflict of interest, there is a problem, so the legitimacy is flawed," said Bivitri.
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