If Detained By Decision 90, The Constitutional Court Will Reject Anies And Ganjar's Lawsuits

Law expert Herdiansyah Hamzah. Photo: Special

JAKARTA The Constitutional Court (MK) is considered to reject the PHPU dispute lawsuit filed by the Anies Baswedan-Muhaimin Iskandar and Ganjar Pranowo-Mahfud MD pairs if they are still held hostage by Decision No. 90/PUU-XXI/2023 which legitimizes Gibran Rakabuming Raka's candidacy as vice president.

"If the application is accepted, it means that the Constitutional Court slaps itself in the face. That is what makes the public predict that the Constitutional Court will reject the application for candidate pairs 01 and 03," said Mulawarman University legal expert Herdiansyah Hamzah, Sunday, April 21, 2024.

However, if the Constitutional Court really rejects the lawsuits 01 and 03, the decisions taken will not be unanimously agreed. Herdiansyah assessed that there would be a Constitutional Court judge who had different attitudes and views so as to provide a dissenting opinion.

The doctor who graduated from UGM also suspected that there was still an open intervention room even though Anwar Usman did not participate in deciding the case. Herdiansyah assessed that Anwar Usman was still able to bridge communication with the Constitutional Court judges.

"Don't forget the chronology of the 90 decision, where there are judges who play a role in passing Gibran. They also have the potential to be the entry point for intervention," he added.

He also predicts that the Constitutional Court will issue another ruling that can be called unique', especially regarding improvements to the implementation of the next election.

"If rejected, it means that the Constitutional Court concluded that the arguments of the petitioners were not proven. Even so, the Constitutional Court could add a new amar in decisions relating to the improvement in the implementation of elections in the future," concluded Herdiansyah.