The Constitutional Court Will Disqualify Gibran? Expert: Will Not Arrive

Screenshots - UI Constitutional Law Lecturer Titi Anggraini in the Trijaya Polemic live broadcast: Waiting for the Constitutional Court's Decision to be monitored online from Jakarta, Saturday (20/4/2024). (Doc. ANTARA)

The discourse of the Constitutional Court (MK) will disqualify presidential and vice presidential candidate pair number 2 Prabowo Subianto-Gibran Rakabuming Raka to appear. However, University of Indonesia Lecturer of Constitutional Law Titi Anggraini projects that the Constitutional Court (MK) will not disqualify the pair of presidential and vice presidential candidates number 2.

This is because the Constitutional Court is the party that allows Gibran to take part in the 2024 presidential election through the Constitutional Court's Decision Number 90 of 2023 which changes the terms of life for the nomination of the president and vice president.

"Why didn't it come to disqualification? The problem is that our Constitutional Court is problematic because it is part of the problem questioned by Bang Firman (cube 03) and Mr. Sugito (cube 01) what is it? Decision 90," Titi said in a live broadcast of Polemic Trijaya: Waiting for the Constitutional Court's Decision which was monitored online from Jakarta, reported by ANTARA, Saturday, April 20.

He sees that the Constitutional Court still does not want to leave the pragmatic zone while maintaining the requirements for presidential and vice-presidential candidates at least 40 years old with the alternative being elected or serving in positions elected through the election, still valid in 2024. "I think the eight judges will not change their stance on that matter," he said.

However, according to him, the case of disqualifying candidates in general elections is not new in Indonesia.

Titi said that the Constitutional Court had disqualified the candidate pair for Regent and Deputy Regent of Yalimo in 2020, Erdi Dabi and John Will, because they did not meet the requirements. "In the process at the Constitutional Court, it is known that this candidate is involved in a criminal case and is a convict who has not met the requirements. So he was ordered to be disqualified and the political party that proposes a replacement candidate," concluded Titi.

Previously, Friday (19/4), the Constitutional Court (MK) would read out the decision on the 2024 General Election Result Dispute (PHPU) case on Monday, April 22, 2024 at 09.00 WIB in the courtroom on the second floor of the Indonesian Constitutional Court Building, Jakarta.

Based on the schedule stated on the official website of the Constitutional Court, the constitutional judge will read out the verdict for the presidential election dispute filed by Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud Md simultaneously on the same day.

"Monday 22 April 2024, let stand WIB, pronounce the verdict," reads the trial schedule quoted from the official website of the Constitutional Court in Jakarta, Friday.

The lawsuit filed by Anies-Muhaimin is registered with Case Number 1/PHPU.PRES-XXII/2024, while the Ganjar-Mahfud lawsuit is registered with Case Number 2/PHPU.PRES-XXII/2024.

As for the petition, the Anies-Muhaimin and Ganjar-Mahfud pair basically asked the Constitutional Court to cancel the KPU Decree Number 360 of 2024 concerning the determination of the results of the 2024 presidential and vice presidential general elections.

They also asked the Constitutional Court to disqualify the Prabowo Subianto-Gibran Rakabuming Raka pair as participants in the 2024 presidential election. Then, asked the Constitutional Court to order the KPU to re-vote for the 2024 presidential election without including Prabowo-Gibran.

The trial for the examination of the 2024 presidential election dispute case has been held from March 27 to April 5. Then, the parties in the case submitted a conclusion of the trial to the Constitutional Court on April 16.

Meanwhile, from April 16 to 21, the constitutional judge held a judge's deliberation meeting (RPH) to decide the case.