JAKARTA - Indonesian Constitutional Law expert Bivitri Susanti, criticized those who appealed to switch or move on from the decision issue of the Constitutional Court (MK) Number 90/PUU-XXI/2023. Because according to her, the decision is not only a law, but also a matter of justice.
"For us, this is not just a matter of law, but here there is justice that is being trampled on. Even if the law is not as responsive as we want it to be, it does not mean that we forget justice," said Bivitri in Jakarta, Wednesday, November 22.
According to Bivitri, the impact of the Constitutional Court's decision on the minimum age limit for vice presidential candidates will not only damage the legal order but also political civilization. Bivitri said, when the Indonesian people want to build political civilization, they should adhere to political ethics.
"That's actually a severe damage caused by the 90 decision. Damaging the Constitutional Court is certain, but it also means destroying state buildings," he said.
"And if we want to build a political civilization, actually it is something that goes beyond written law, namely political ethics and constitutionality ideas," added Bivitri.
Bivitri then highlighted Anwar Usman who did not feel guilty as a judge at the Constitutional Court in the decision process. In fact, President Joko Widodo's sister-in-law sued Suhartoyo as the new chairman of the Constitutional Court.
"He really doesn't feel guilty. Even though the Constitutional Court has decided to violate severe ethics," he said.
Bivitri is also worried that Indonesia's democracy will suffer a setback due to the constitutional tragedy. Worse, he said, when future generations will consider ethical violations acceptable as long as they do not violate the rules.
"As a result, Indonesia will not progress. Because the leaders chosen are not because of abilities, but because of kinship relations. The worst thing is democracy, we are resigning, because of dirty political methods. Because of the new normal, younger siblings, our children and grandchildren (of future generations) will say there is nothing wrong with nepotism, there is nothing wrong with dynastic politics," he concluded.
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Previously, the Chairman of the DPP PAN, Saleh Daulay, invited the entire community to'move on' from the decision of the Honorary Council of the Constitutional Court (MKMK), one of which removed Anwar Usman from the Chief Justice of the Constitutional Court.
"We should have switched from questioning the Constitutional Court's decision and also the MKMK in a more concrete direction, namely towards the presentation of the work program that will be presented by each candidate pair. Move on, that's what the community is actually waiting for," Saleh told reporters, Monday, November 13.
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