The Constitutional Court Must Be Consistent In Monitoring The Constitution

Parliamentary Threshold Is Abolished, What Will Happen? (VOI Video graphics Team)

JAKARTA - Director of the Center for Constitutional Studies (Pusako) Andalas University, Feri Amsari reminded the Constitutional Court (MK) to continue to be consistent in guarding the constitution after deciding to change the parliamentary threshold (PT).

"So apart from praising, it is also necessary to criticize the Constitutional Court with the current circumstances and problems. The Constitutional Court should maintain the constitution so that people respect the Constitutional Court's decision," he said, Sunday, March 3, 2024.

He again brought up the Constitutional Court which imposed a decision on the terms of presidential and vice presidential candidacy in the 2024 presidential election which was deemed smoothing the way for Gibran Rakabuming to become a vice presidential candidate. Even though the Constitutional Court's decision should not apply retroactively.

"The MK is inconsistent in various ways, now the parliamentary threshold is enforced according to the constitutional concept like the Constitutional Court's decision which was well enforced in 2029, but the age limit for presidential and vice presidential candidacy is applied at this time," added Feri.

He explained, in the cancellation of the PT number of 4 percent, the Constitutional Court adhered to the correct principle, which was enforced in the next election. Because the implementation of the decision in the 2024 General Election will actually benefit political parties with votes below four percent.

"If it is implemented in 2024, it will not be fair, because the implementation has been carried out, some of the results have been seen and then the rules have changed, of course there will be people who will benefit from political parties who are suspected of benefiting from the decision if it is enforced now," he said.

"So it is quite appropriate to apply 2029 because the idea of the Constitutional Court should protect the constitution while PT is not known in the Constitution, namely designed to build by big political parties to benefit only big parties," added Feri.

"Now, don't just profit the party of the President's son if it is enforced now. Therefore, it will be fair to apply it in the 2029 election," he concluded.