Criticism Of Political Dynasty Through Legal Engineering, Mahfud MD: Actually, If The Government Did It

Vice Presidential Candidate number 3 Mahfud Md in the Collision event, Prof! in Semarang City, Central Java, Tuesday (23/1/2024). (ANTARA/Anggah)

JAKARTA - Vice Presidential Candidate number three, Mahfud MD said that dynastic politics is actually common in many countries. However, it becomes a problem when this effort becomes an excuse to manipulate the applicable law. This was conveyed by Mahfud in response to questions about the Constitutional Court (MK) which had canceled articles related to political dynasties during a lawsuit against Law Number 8 of 2015 concerning the Election of Governors, Regents and Mayors or the Pilkada Law. "“ Which is a problem if to meet the needs of the political dynasty, to carry out legal engineering against applicable laws, so that what cannot be done, then is done using harsh approaches,” Mahfud said during the ‘Tabrak Prof!’ which was quoted on Friday, January 26. Mahfud then explained that dynastic politics is often not objective for the benefit of the people. However, efforts emerged from the parent to perpetuate his family which should not be allowed. "That's not allowed, and it's actually dirty if it's done by a government as big as the unitary state of the Republic of Indonesia," he said. For information, in 2015 a judicial review of the Pilkada Law Article 7 letter r was conducted in relation to the conditions prohibiting prospective regional head candidates from having blood / marriage relations with incumbents. This article is considered contrary to Article 28 i paragraph (2) of the 1945 Constitution.

The Constitutional Court sees Article 7 letter triggering a formulation of new norms that cannot be used because they do not have legal certainty. In addition, the legalization of someone who has a blood / marriage relationship with a regional head can create dynastic politics. However, this cannot be used as an excuse. Because the basic law regulates so that discrimination does not occur, if forced, there will be an inconsistusional.