It Has Been Determined, Gibran's Vice Presidential Candidate Status Will Continue To Be Questioned

Vice President Gibran while attending the inauguration and declaration of the South Sulawesi Fighters Line in Makassar, Friday night (12/24/11/2023). ANTARA/Nur Suhra Wardyah

JAKARTA Gibran Rakabuming Raka has been appointed as a vice presidential candidate (cawapres) by the General Elections Commission (KPU). However, it is considered that this will not prevent certain parties from thwarting Gibran's candidacy.

According to a political observer from UNS Surakarta, Agus Riewanto, reports of alleged election violations by the KPU to the Election Organizers Honorary Council (DKPP) and discourse on the use of the DPR's right to inquiry after the Constitutional Court's decision, including ways to thwart Gibran from participating in the 2024 Presidential Election (Pilpres).

"This is an effort by the parties looking for a door to touch their desire, so that one of their partners does not meet the requirements, so they cannot become one of the presidential/vice presidential candidates. There are many deaths, one of which is DKPP. Maybe it can also be to Bawaslu, court, MA, and others," he said when contacted, Sunday, November 26.

Agus assessed that the KPU could not be blamed when setting Gibran as a vice presidential candidate. This is because the KPU is a state institution that is subject to the law, and Gibran's determination is in accordance with the rules in the PKPU after the Constitutional Court's decision number 90/PUU-XXI/2023.

He emphasized that the KPU must follow the Constitutional Court's decision regarding the new norms that are already final. Thus, the KPU uses a new PKPU after the Constitutional Court's decision in determining Gibran as a vice presidential candidate.

"The point is that the Election Law article 169 letter q is amended by the Constitutional Court, meaning that article does not apply anymore. There are new norms. Here, the KPU does not create norms, but writes the norms that have been made by the Constitutional Court," explained Agus.

However, he did not deny that there were ethical problems and conflicts of interest in the Constitutional Court's decision which were confirmed by the decision of the Honorary Council of the Constitutional Court (MKMK). But on the other hand, the Constitutional Court has never canceled the results of the Constitutional Court's decision regarding the age of the presidential and vice presidential candidates.

"The MKMK did not correct the Constitutional Court's decision number 90/PUU-XXI/2023 which was deemed to have smoothed Gibran, it was still valid. The decision cannot be canceled by any institution, it is res judica. There is no correction, and can only be corrected by the Constitutional Court itself, "concluded Agus.